GA: Def failed to show standing in apt he was arrested in in early morning hours

Being arrested in an apartment that’s not yours doesn’t confer standing without some proof of a relationship to the property. The evidence at the suppression hearing did not address defendant’s status relative to the apartment; i.e., whether he was the primary tenant, a co-tenant, an overnight visitor, merely present with the tenant’s consent, or even an uninvited trespasser. Defendant did not meet his threshold burden of demonstrating a legitimate expectation of privacy in the apartment, for example, by demonstrating that he was an overnight guest at the apartment. Grant of suppression motion reversed. State v. Wright, 2018 Ga. App. LEXIS 154 (Mar. 2, 2018).

“All four factors support a finding that the affidavit was not stale. The Magistrate Judge correctly concluded that the lack of direct evidence of continuous involvement with child pornography between October 2015 [when it was discovered] and September 2016 [when search warrant issued] did not make the information in the affidavit stale.” United States v. Williams, 2018 U.S. Dist. LEXIS 34093 (W.D. Tenn. Mar. 2, 2018).*

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