D.Conn.: Def didn’t provide an affidavit of his standing, but his offer of proof and then actual proof showed it

Defendant claimed for trial that while he was a visitor at the premises searched under the warrant, he still had standing because he was a guest there and a paying tenant at times. He didn’t provide an affidavit, but he showed through the government’s own allegations that he was a paying tenant for the purpose of linking him to the property. United States v. King, 2018 U.S. Dist. LEXIS 142863 (D. Conn. Aug. 23, 2018):

Contrary to the government’s suggestion, a sworn affidavit is not the only possible means by which Defendant may assert his expectation of privacy. See, e.g., Rawlings, 448 U.S. at 105 (citing witness testimony as a source for conclusion regarding reasonableness of the defendant’s expectation of privacy); United States v. Burke, 718 F. Supp. 1130, 1135 (S.D.N.Y. 1989) (citing allegations in an indictment as support for conclusion that defendant did have an expectation of privacy in the searched premises). See also United States v. Fields, 113 F.3d 313, 320 (2d Cir. 1997) (noting that defendant bears the burden of demonstrating an expectation of privacy but not specifying any particular method by which defendant must meet his burden). Though Mr. King’s standing could undoubtedly be made clearer through submission of a sworn affidavit, Mr. King has placed evidence in the record from which the Court may conclude that Defendant was a paying tenant at 180 Houston Avenue and therefore did have a reasonable expectation of privacy there.

Moreover, the government’s own position is that Defendant King was a “paying tenant” at 180 Houston who “exercised dominion and control over its contents” — a position which would certainly grant him an expectation of privacy in that area. In fact, the government’s theory of the case appears to be based in part upon Defendant residing at 180 Houston, as the contraband he is charged with possessing was found not on his person but “within the basement bedroom belonging to Tyeshon King.” (Ex. C at 1.)