Category Archives: Standing

M.D.La.: Leaving one’s garage door open is not a waiver of REP or standing

Defendant’s garage door was left open, and that reduced his reasonable expectation of privacy in it, but that didn’t mean he had no standing. By leaving open the garage, defendant didn’t invite the police in, and exigent circumstances or a … Continue reading

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CA9: Def didn’t have standing in her parents’ house that she used just to store stuff

Defendant kept stuff at her parents’ house, which was searched with a warrant for her stuff. She lacked standing because it was merely a storage place shared with others. The search warrant was narrowed by the district court with partial … Continue reading

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W.D.Mo.: Overnight guest didn’t have standing in attic

Defendant was an overnight guest in a house searched with a warrant. A protective sweep of the attic was done, and the only way into the attic was from the room defendant was staying in. The court first finds that … Continue reading

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KS: Guest standing doesn’t require overnight stays to be substantial enough

To have standing to challenge a home search, a guest must show a degree of acceptance into the household or an ongoing and meaningful connection to the host’s residence so that the guest has a reasonable expectation of privacy in … Continue reading

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N.D.Ill.: Collins v. Virginia doesn’t apply to a shared parking area which is not curtilage

Collins v. Virginia does not apply to shared parking areas which are not curtilage. “United States v. Jones, 2018 U.S. App. LEXIS 16409 (2d Cir. June 19, 2018), Jones’s vehicle was parked in a parking lot behind the multi-family building … Continue reading

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N.D.W.Va.: No standing in car where permission to borrow had been revoked

Defendant had permission to possess and drive a car for a while, but it had been rescinded by the time of the search. Therefore, he lacked standing in the car. United States v. Leclear, 2018 U.S. Dist. LEXIS 106550 (N.D. … Continue reading

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CA6: Removing records from a storage unit as police search your house was an obstruction of justice

Federal agents showed up at defendant’s house with a search warrant for records. They asked if he had other records elsewhere. He lied and said no. He left the house, went to a hardware store to buy boltcutters, and he … Continue reading

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D.S.C.: One innocently driving a stolen vehicle generally doesn’t have standing in it, but he has to show his innocent status

One innocently driving a stolen vehicle generally doesn’t have standing in it. If, however, he innocently buys a stolen vehicle and then he’s stopped in it, it’s his burden to show that he was an innocent purchaser to acquire standing. … Continue reading

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OR: Guest standing is functional to the relationship to the residence and here didn’t cover under the back steps

Guest standing has a functional element. Defendant was a guest in the home of another and their relationship was founded on drugs. While defendant would have standing in the home, he didn’t under the back steps, where, incidentally, he’d been … Continue reading

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VI: BOLO information shared at beginning of shift satisfies collective knowledge

BOLO information shared with officers at the beginning of their shift qualifies as collective knowledge. Emanuel v. People, 2018 V.I. Supreme LEXIS 10 (June 15, 2018) (relying on United States v. Braden, 2012 U.S. Dist. LEXIS 115755 (W.D. Tenn. July … Continue reading

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Cal.1: Electronic search condition on juvenile was unreasonable for possession of a knife and rolling papers at school

The electronic search condition on this juvenile for having a knife, rolling papers, and a lighter in school after a school search was unreasonable. The state says its need to prevent him from procuring more marijuana, but the court disagrees. … Continue reading

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CA11: Def counsel wasn’t ineffective for not pursuing suppression motion after def admitted facts showing no standing

Defense counsel wasn’t ineffective for not adequately pursuing defendant’s motion to suppress because defendant admitted to counsel facts after the motion was filed that he had no standing at all. He provided that address as his address, but he was … Continue reading

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