Category Archives: Standing

S.D.W.Va.: Def’s admissions on body camera duffle bag wasn’t his denies him standing

“The body camera recording clearly shows that Defendant denied any ownership interest in the duffel bag at the time of the stop. As such, the Court finds that Defendant voluntarily abandoned the duffel bag and therefore lost any reasonable expectation … Continue reading

Posted in Staleness, Standing | Comments Off on S.D.W.Va.: Def’s admissions on body camera duffle bag wasn’t his denies him standing

LA3: Ping order for def’s cell phone was based on exigency

The police ping request to locate defendant’s phone to locate him was based on clear exigent circumstances. Thus, it did not violate the Stored Communications Act, 18 U.S.C. § 2702(c)(4). State v. Malveaux, 2018 La. App. LEXIS 1082 (La. App. … Continue reading

Posted in Cell site location information, Emergency / exigency, Standing | Comments Off on LA3: Ping order for def’s cell phone was based on exigency

D.Minn.: Def lacked standing to challenge SW to YouTube for search history and videos viewed in terrorism case

Defendant was indicted for providing material support to a terrorist organization and planned to travel to Afghanistan, and there were nine search warrants. She communicated with Afghanistan on digital devices and by a gmail account. The search warrants for all … Continue reading

Posted in Computer searches, Standing | Comments Off on D.Minn.: Def lacked standing to challenge SW to YouTube for search history and videos viewed in terrorism case

E.D.Mich.: Def was essentially and admittedly an “innocent bystander” at the place searched and had no standing

This defendant had no standing in the condo that was searched under a search warrant. He produced nothing to show that he had any connection to the property or was a guest with a connection to the premises, even an … Continue reading

Posted in Informant hearsay, Reasonable expectation of privacy, Standing | Comments Off on E.D.Mich.: Def was essentially and admittedly an “innocent bystander” at the place searched and had no standing

SCOTUS: The driver of a rental car not on the contract may have a REP in the car

The driver of a rental car not listed on the contract may have a reasonable exception of privacy in the car Byrd v. United States, 2018 U.S. LEXIS 2803 (May 14, 2018). Syllabus:

Posted in Reasonable expectation of privacy, Standing | Comments Off on SCOTUS: The driver of a rental car not on the contract may have a REP in the car

CA5: When govt addresses GFE, defendant must respond or waive it

In the Fifth Circuit it’s good faith first, probable cause second. The government addressed good faith in its brief, but defendant didn’t in his. Good faith prevails. United States v. Carroll, 2018 U.S. App. LEXIS 12280 (5th Cir. May 10, … Continue reading

Posted in Cell site location information, Good faith exception, Standing | Comments Off on CA5: When govt addresses GFE, defendant must respond or waive it

MS: A passenger in car 20 min before stop had no standing

Defendant was in the car that was stopped for 20 minutes and admittedly had no possessory interest in the car. Therefore, he had no standing. Nowell v. State, 2018 Miss. App. LEXIS 210 (May 1, 2018). “Williams argues the search … Continue reading

Posted in Particularity, Standing | Comments Off on MS: A passenger in car 20 min before stop had no standing

E.D.Wis.: Officers’ threat to get SW was real and justified so consent still voluntary

Defendant was arrested at his house, and his wife later consented to entry to seize a gun. The officers’ threat to get a search warrant if she didn’t consent was genuine and there was probable cause to get a search … Continue reading

Posted in Cell phones, Consent, Standing | Comments Off on E.D.Wis.: Officers’ threat to get SW was real and justified so consent still voluntary

New law review article: Notice and Standing in the Fourth Amendment: Searches of Personal Data

Jennifer Daskal, Notice and Standing in the Fourth Amendment: Searches of Personal Data, 26 Wm. & Mary Bill Rts. J. 437 (2017). Abstract:

Posted in Standing, Third Party Doctrine | Comments Off on New law review article: Notice and Standing in the Fourth Amendment: Searches of Personal Data

W.D.N.Y.: “Affidavit of personal knowledge” to show standing isn’t satisfied by the officer’s police reports

The Second Circuit requires an affidavit of personal knowledge to establish standing to contest a search. The officer’s report wasn’t enough just because the officer believed that defendant’s residence was the target of the search. United States v. Lewis, 2018 … Continue reading

Posted in Burden of pleading, Good faith exception, Standing | Comments Off on W.D.N.Y.: “Affidavit of personal knowledge” to show standing isn’t satisfied by the officer’s police reports

S.D.N.Y.: No standing to complain of CSLI for somebody else’s phone

Defendants have no standing to challenge the seizure of CSLI on telephone numbers they don’t complain are theirs. United States v. Pizarro, 2018 U.S. Dist. LEXIS 60539 (S.D. N.Y. Apr. 10, 2018).* Police seizure of an SD card was by … Continue reading

Posted in Cell site location information, Independent source, Standing | Comments Off on S.D.N.Y.: No standing to complain of CSLI for somebody else’s phone

E.D.Va.: Having been kicked out of a hotel room and leaving, defs essentially abandoned that which was left behind

Defendants were kicked out of a hotel room for strange and aggressive behavior toward staff, and they hurriedly left. The hotel opened the room to the police and they found drug paraphernalia and, in the toilet, ammunition. There no longer … Continue reading

Posted in Abandonment, Consent, Standing | Comments Off on E.D.Va.: Having been kicked out of a hotel room and leaving, defs essentially abandoned that which was left behind