NE: Def didn’t have standing in her husband’s cell phone when they lived apart

Defendant had no standing in photographs on her husband’s cell phone. They’d lived apart for five months, had separate accounts, and his was password protected. She had no right to it or the ability to exclude others; therefore, no standing. State v. McMillion, 23 Neb. App. 687, 2016 Neb. App. LEXIS 34 (March 1, 2016).

Defendant’s motion to reopen the suppression hearing 18 months after it was over to claim that the consent form was forged was denied for lack of timeliness and contradicting his prior claim that he signed it under duress. The district court did not abuse its discretion. United States v. Pittman, 2016 U.S. App. LEXIS 4537 (6th Cir. March 11, 2016).