Category Archives: Standing

CA9: Guest of evicted tenant has no REP in premises

Plaintiff claimed to be the guest of the alleged tenant who had been evicted from the premises and he knew it. Thus, they were trespassers, and there was no reasonable expectation of privacy to complain of the officers’ entry. Plaintiff … Continue reading

Posted in Consent, Reasonable expectation of privacy, Standing | Comments Off

M.D.La.: Def claims an illegal search led to his arrest; his admissions on jail phone calls are attenuated from that

Defendant’s calls from jail to his girlfriend about destroying evidence were attenuated from any prior illegality. “The Court finds that the nexus between the original unlawful search and the challenged evidence was attenuated by the intervening phone calls, an independent … Continue reading

Posted in Attenuation, Standing | Comments Off

OH: Def has no standing in place of another that he was arrested in, so Steagald provides him no relief

Defendant could not show he had a reasonable expectation of privacy in the premises of a third person, although he was the person being looked for. The court discusses Steagald and the Ninth Circuit’s en banc Underwood (1983, Treatise §§ … Continue reading

Posted in Arrest or entry on arrest, Burden of pleading, Standing | Comments Off

E.D.Mo.: Def stayed often enough with his mother that he had standing in her place

Defendant was given standing in his mother’s home, even though he did not live there full time. His uncle also lived there, and he had apparent authority and “free agency” to consent to a search of the premises. United States … Continue reading

Posted in Apparent authority, Standing | Comments Off

N.D.W.Va.: GFE generally doesn’t apply to warrantless searches

Defendant’s wife did not voluntarily consent to the police entry into the basement of her bar. First, they detained defendant behind the bar. Then police came to the bar in great numbers (6-15, depending on the witness) while the bar … Continue reading

Posted in Good faith exception, Standing | Comments Off

E.D.Ky.: Basis for traffic stop doesn’t need to be decided where there was independent RS

There’s no point in quibbling here over the basis of the traffic stop because the officer had reasonable suspicion of drug trafficking, too. United States v. Mejia-Palacio, 2017 U.S. Dist. LEXIS 128922 (E.D. Ky. July 25, 2017), adopted, 2017 U.S. … Continue reading

Posted in Plain view, feel, smell, Reasonable suspicion, Standing | Comments Off

M.D.La.: No standing in a stolen car

The stop was justified by a seatbelt violation, but defendant didn’t have standing because the car was stolen. United States v. Joseph, 2017 U.S. Dist. LEXIS 123893 (M.D. La. Aug. 7, 2017). The landing in front of an apartment is … Continue reading

Posted in Curtilage, Emergency / exigency, Standing | Comments Off

MI: Leaving backpack in car def was ordered out of was a lack of standing when the car got searched

Defendant lacked standing in his own backpack in a vehicle that was subject to search for impoundment for having no valid LPN under People v. LaBelle, 478 Mich. 891, 732 N.W.2d 114 (2007). The motion to suppress was properly denied. … Continue reading

Posted in Reasonable suspicion, Standing | Comments Off

D.Minn.: The gov’t cites a three-way circuit split on standing in a rental car; the circuit authority controls

Defendant was driving a rental car with permission of the renter, and that gives him standing in this circuit. There is a three way circuit split, and this court can’t resolve that. United States v. Bettis, 2017 U.S. Dist. LEXIS … Continue reading

Posted in Immigration checkpoints, Standing | Comments Off

OH2: Def’s denial of possessory interest in car at suppression hearing denies him standing

“During the suppression hearing, Williamson specifically disclaimed a possessory interest in the Chrysler 300” so he didn’t have standing. State v. Williamson, 2017-Ohio-7098, 2017 Ohio App. LEXIS 3217 (2d Dist. Aug. 4, 2017). (Shades of Rawlings v. Kentucky where the … Continue reading

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NY1: Staying “on and off” with an uncle for many years, getting mail there, storing all his clothes there gave standing

The trial court erred in finding that defendant lacked standing to challenge the propriety of the search of the apartment because defendant’s uncle, who resided in the apartment, told the police that defendant had stayed with his family “on and … Continue reading

Posted in Apparent authority, Standing | Comments Off

N.D.Ga. predicts CA11 would go with totality standard in standing in a borrowed rented car

Noting the different approaches of the circuits to the standing of a driver of a rental car who is not on the contract but operating with permission of the renter, the totality of circumstances test is adopted, and he lacks … Continue reading

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