D.Neb.: Eviction of the occupants of an apartment lose standing when the landlord takes over

An eviction of the occupants of an apartment lose standing when the landlord takes over. “The Court finds that defendant lacks standing. At the time of the search, the landlord was legally and lawfully in possession of the Arias Apartment. Therefore, because the landlord, and not Jeneva Arias, was in legal possession of the Arias Apartment, Tealer lacks standing to assert a Fourth Amendment violation as an overnight guest because any reasonable expectation of privacy he might have had was lost once the landlord regained legal possession of the Arias Apartment through the eviction proceedings.” United States v. Tealer, 2016 U.S. Dist. LEXIS 138324 (D.Neb. Oct. 5, 2016).

Defendant was stopped for driving under the influence. A gun was seen from outside the car, and that too justified impoundment. United States v. Miller, 2016 U.S. App. LEXIS 18164 (3d Cir. Oct. 6, 2016).*