N.D.Iowa: Disavowal of ownership of residence didn’t deny def standing; he still had some interest in house he was in

Although defendant disavowed his control over the residence, the court finds he has standing anyway because he clearly stayed there and moved about the home like he belonged there: “Although defendant repeatedly stated that he did not live at the residence and that the home was Ms. LaFrancois’, defendant moved through the residence freely, attempted to assert authority over the occupants of the home, and appeared to be in the residence with Ms. LaFrancois’ consent. Further defendant’s child with Ms. LaFrancois lived in the residence, and defendant helped care for the child while both defendant and the child were in the residence. As such, the objective facts available to the officers would indicate that defendant had at least some interest in the home, and his statements otherwise did not amount to an unequivocal disavowal of any relationship with the residence. I therefore find that defendant does have standing to pursue his Fourth Amendment claims.” On the merits, the community caretaking function permitted the entry on a call of domestic violence. United States v. Sanders, 2018 U.S. Dist. LEXIS 134091 (N.D. Iowa. Aug. 9, 2018).

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