S.D.Fla.: Def’s having keys and free access to girlfriend’s apt gives him standing, but the protective sweep was clearly justified

Defendant has standing to challenge the search of his girlfriend’s apartment because he has keys and stays there when he wants to without limitation. “Therefore, the Defendant argues that the Defendant has at least as much of a privacy interest in the apartment as the defendants in Jones v. United States, 362 U.S. 257, 80 S. Ct. 725, 4 L. Ed. 2d 697 (1960), and Minnesota v. Olson, 495 U.S. 91, 110 S. Ct. 1684, 109 L. Ed. 2d 85 (1990). … at 8-9.) Although this is a close question, the Court concludes that the Defendant has standing to challenge the search of the apartment.” Nevertheless, the protective sweep was valid and based on probable cause, not just reasonable suspicion. United States v. Concepcion, 2017 U.S. Dist. LEXIS 169634 (S.D. Fla. Oct. 13, 2017), adopting, 2017 U.S. Dist. LEXIS 170848 (S.D. Fla. Sept. 6, 2017).

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