N.D.Cal.: Arguing for trespass rather than the reasonable expectation of privacy standard doesn’t enhance the likelihood of showing standing

Arguing for trespass rather than the reasonable expectation of privacy standard doesn’t enhance the likelihood of showing standing. “Proceeding under the trespass theory, rather than the reasonable expectation of privacy theory, defendants have not demonstrated that they have a possessory interest in the driveway or parking lot to establish standing to assert a Fourth Amendment violation.” United States v. Ellis, 2015 U.S. Dist. LEXIS 108231 (N.D.Cal. August 17, 2015).

The application for cell site location information was based on probable cause. Commonwealth v. Augustine, 2015 Mass. LEXIS 614 (August 18, 2015).

Jaywalking justified defendant’s stop and production of his ID. Defendant consented to a search, and his bus ticket didn’t match his ID, so the stop could be prolonged. State v. Nwachukwa, 2015-Ohio-3282, 2015 Ohio App. LEXIS 3191 (3d Dist. August 17, 2015).*