D.Kan.: Def invited in by homeowners’ daughter without their knowledge had standing

Defendant had standing in the homeowner’s house where he’d been invited in by the daughter and spent the night many times. The protective sweep here was objectively reasonable. United States v. Nelson, 2016 U.S. Dist. LEXIS 28209 (D.Kan. March 3, 2016).

Defendant was stopped for speeding 15 miles after exiting I-70 to avoid a Missouri ruse checkpoint. Reasonable suspicion developed. The question on appeal was not the reasonable suspicion but constructive possession of what was inside the car. State v. Zetina-Torres, 2016 Mo. LEXIS 42 (March 1, 2016).*

It was doubtful that defendant had standing in a garage of a friend where he stored boxes without his friend’s permission. Conceding standing, one officer’s statement to another to make sure defendant didn’t get access to the boxes was not a seizure because defendant didn’t try to access them. In sum, they were abandoned by defendant. Ultimately there was probable cause for a search warrant for the boxes, and the good faith exception would also apply. United States v. Stewart, 2016 U.S. Dist. LEXIS 26619 (N.D.Ga. Feb. 5, 2016).*