N.D.Ohio: Affidavit for SW didn’t support def’s claim of standing

Defendant relied on the affidavit for search warrant as showing his standing, but it didn’t resolve the question, so he fails in his burden of proof and lacks standing. The government showed nexus in the 61 page affidavit for residences as a base of operation. The affidavit certainly satisfied the good faith exception. United States v. Bell, 2018 U.S. Dist. LEXIS 36402 (N.D. Ohio Mar. 6, 2018):

In contrast to the Four Seasons apartment, the warrant affidavit does not establish Bell’s standing to challenge the Deville North apartments. Bell points to the fact that the Affidavit provides that Bell was “in control of” Deville North Apt. 404. (Affidavit ¶ 16.) Beyond this reference, that same paragraph provides that Bell was believed to be using Apt. 404 “to store narcotics and/or narcotics proceeds.” (Id.) Similarly, the Affidavit offered the opinion that Bell was using Deville North Apt. 104 “to store drugs and conduct drug-related meetings and transactions.” (Id. ¶ 13.) The Affidavit does not offer any other possible uses for the apartments.3 Had the Affidavit, for instance, averred that Bell lawfully resided or visited the property, the fact that the property was also used for criminal activity would not defeat his standing. See Washington, 573 F.3d at 283 (citing, among authority, Carter, 525 U.S. at 91). But Bell chose to rely entirely upon the Affidavit to demonstrate standing, and the Affidavit establishes, at best, that he used these apartments to store drugs. This is insufficient to establish standing. See e.g., United States v. Gray, 491 F.3d 138, 153 (4th Cir. 2007) (no reasonable expectation of privacy in co-defendant’s apartment because defendant was a business guest and used apartment to traffic drugs); United States v. Trammell, 52 F. App’x 661, 664 (6th Cir. 2002) (co-defendant did not have standing where he had never been an overnight guest, kept clothes there, or done anything on the premises “other than pursue his drug-trafficking career”). Bell lacks standing to challenge the searches of Deville North Apts. 104 and 404.