GA: The mere presence of some papers of the defendant in the place searched doesn’t confer standing

The mere presence of some papers of the defendant in the place searched doesn’t confer standing. There was no testimony that he was otherwise connected to the property as owner, lessee, or guest. “The mere presence of miscellaneous papers bearing Appellant’s name, without any further evidence connecting Appellant to the apartment, is insufficient to create a legitimate expectation of privacy for Appellant to contest the search.” Brown v. State, 2014 Ga. LEXIS 729 (September 22, 2014).

The confidential informant was believable because of his admission of his own criminal doings which provides an incentive to be truthful to the officers. There was probable cause on the face of the affidavit. While he has an argument it doesn’t, the officer’s version still shows a substantial basis for being credited by the magistrate, which it was. United States v. Germaine, 2014 U.S. Dist. LEXIS 133374 (S.D. W.Va. September 23, 2014).*

The officer’s failure to disclose a crime victim’s criminal history of possession of stolen property, third degree theft, and criminal mischief didn’t undermine the victim’s story that led to the probable cause finding in the affidavit for search warrant. United States v. Root, 2014 U.S. Dist. LEXIS 132914 (E.D. Wash. September 22, 2014).*