Category Archives: Standing

NY2: Former evicted tenants back on premises were trespassers and had no REP

The landlord obtained legal process to evict the tenants in an apartment, and the City Marshal changed the locks. When the tenants reentered, they were trespassers and had no legal standing or reasonable expectation of privacy. People v. McCullum, 2018 … Continue reading

Posted in Consent, Curtilage, Standing | Comments Off on NY2: Former evicted tenants back on premises were trespassers and had no REP

PA: Furtive movements then refusing to remove hands from pockets was RS

On a report of a man with a gun, officers went to area and found defendant who didn’t exactly match the description. As they circled the block, defendant would change directions. When they pulled up next to him, which was … Continue reading

Posted in Reasonable suspicion, Standing | Comments Off on PA: Furtive movements then refusing to remove hands from pockets was RS

HI: Defendant could properly be prosecuted for refusing a breath test, but not a blood test

Defendant could properly be prosecuted for refusing a breath test, but not a blood test. State v. Wilson, 2018 Haw. App. LEXIS 25 (Jan. 26, 2018).* Defendant was a mere passenger in the car searched, and he lacks standing to … Continue reading

Posted in Drug or alcohol testing, Informant hearsay, Standing | Comments Off on HI: Defendant could properly be prosecuted for refusing a breath test, but not a blood test

NE: Having only key to rented car glovebox and not to car itself didn’t give standing

Having a key to the glovebox of a rented car, but not to the car itself, was not a sufficient reasonable expectation of privacy in the rented car to have standing. Defendant couldn’t get into the car without somebody else … Continue reading

Posted in Cell phones, Informant hearsay, Standing | Comments Off on NE: Having only key to rented car glovebox and not to car itself didn’t give standing

SCOTUSblog: Argument analysis: Rental cars, reasonable expectations of privacy and property rights

SCOTUSblog: Argument analysis: Rental cars, reasonable expectations of privacy and property rights by Amy Howe. Transcripts: Byrd & Collins

Posted in Automobile exception, Curtilage, SCOTUS, Standing | Comments Off on SCOTUSblog: Argument analysis: Rental cars, reasonable expectations of privacy and property rights

W.D.N.C.: Def doesn’t have standing in a rental car, and the court is bound by existing authority

“According to the defendant’s motion, he was using the rental car with permission from its authorized driver. (Doc. No. 16: Motion at 1). However, he has not alleged that he was listed as an authorized driver on the rental agreement … Continue reading

Posted in Ineffective assistance, Standing | Comments Off on W.D.N.C.: Def doesn’t have standing in a rental car, and the court is bound by existing authority

M.D.Fla.: There was RS for a dog sniff of a package in the mail, and the alert was PC for a SW; def’s motion to suppress suggested no standing

There was reasonable suspicion to detain a package in the mail for a dog sniff because of the way it was packaged and labeled suggested that it contained drugs. After the dog alert, there was a necessary delay in obtaining … Continue reading

Posted in Dog sniff, Mail and packages, Standing | Comments Off on M.D.Fla.: There was RS for a dog sniff of a package in the mail, and the alert was PC for a SW; def’s motion to suppress suggested no standing

CA6: “A king or a criminal may assert a violation of the Fourth Amendment.” But def loses on the merits

Defendant spent two weeks living in the apartment of another. “A king or a criminal may assert a violation of the Fourth Amendment.” He had a bedroom to himself. “The district court erred in finding that Allen did not have … Continue reading

Posted in Independent source, Standing | Comments Off on CA6: “A king or a criminal may assert a violation of the Fourth Amendment.” But def loses on the merits

SCOTUSBlog: Argument preview: For Fourth Amendment purposes, does it matter who is on the car-rental agreement?

SCOTUSBlog: Argument preview: For Fourth Amendment purposes, does it matter who is on the car-rental agreement? by Amy Howe:

Posted in SCOTUS, Standing | Comments Off on SCOTUSBlog: Argument preview: For Fourth Amendment purposes, does it matter who is on the car-rental agreement?

OH6: Warrantless blood draw from believed to be dying motorcyclist valid

A warrantless blood draw from defendant was reasonable where, at the scene of his motorcycle accident on I-75 hitting the rear of a car when it was travelling approximately 102 in a 65 and killing his passenger throwing her 450′ … Continue reading

Posted in Drug or alcohol testing, Standing | Comments Off on OH6: Warrantless blood draw from believed to be dying motorcyclist valid

WA: Shareholder or officer of closely held corp has no personal privacy interest in corporate records under state constitution

“Paul Chase, shareholder and principal officer of Red Leaf Construction Inc., appeals the trial court’s partial denial of his motion to suppress Red Leaf’s bank records. A commissioner of this court granted discretionary review. We consider, as a matter of … Continue reading

Posted in Reasonable expectation of privacy, Standing, State constitution | Comments Off on WA: Shareholder or officer of closely held corp has no personal privacy interest in corporate records under state constitution

S.D.Ohio: Def’s girlfriend’s standing testimony rejected because it sounded “scripted” and because she didn’t smell the 100 pds of MJ she was standing near regularly for days

Defendant claimed standing in his girlfriend’s house because he regularly spent the night there. Her testimony was rejected because it sounded “scripted” and inherently unreliable because she claimed she didn’t smell 100 pounds of marijuana in her basement even though … Continue reading

Posted in Standing, Suppression hearings | Comments Off on S.D.Ohio: Def’s girlfriend’s standing testimony rejected because it sounded “scripted” and because she didn’t smell the 100 pds of MJ she was standing near regularly for days