M.D.La.: The govt alleged the house was abandoned, and def had the burden to prove standing and failed

“The parties’ briefing and the testimony at the hearing further suggest that the house was abandoned and that any search occurred away from Defendant’s ‘residence of record’ or an ‘additional residence on Osceola Street.’ … Contrary to a suggestion in Defendant’s post-hearing brief …, it is his burden to establish standing once it is challenged. … The fact that Kennedy knocked on the door of the house does not inform whether Defendant had in the house an expectation of privacy that society might recognize as reasonable. … For the foregoing reasons, the Court agrees with the Government that Defendant has failed to show standing, at least with respect to the search of the house and the seizure of contraband from it.” United States v. Myles, 2018 U.S. Dist. LEXIS 144028 (M.D. La. Aug. 24, 2018).

“Nowak failed to make a preliminary showing that Agent Bottjer deliberately or recklessly omitted in his warrant affidavit knowledge that cash deposits in Nowak’s bank account were attributable to gambling winnings from 2006 through 2009. … Additionally, Nowak’s gambling winnings were not material to the magistrate judge’s finding of probable cause. … Even assuming Nowak received all of his gambling winnings in cash, a substantial portion of his cash deposits remained unaccounted for. Nowak also suffered net gambling losses of nearly $65,000 during the relevant time period.” United States v. Nowak, 2018 U.S. App. LEXIS 24022 (9th Cir. Aug. 24, 2018).*

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