W.D.La.: Officers’ subjective belief in def’s standing at time of search isn’t material to the court’s determination on objective facts

At the time of the search, officers believed defendant had standing in the place searched, but that’s not relevant to the court’s determination. “Federal agents were aware of Defendant and believed that he lived in the residence in question. But what the agents and police officers may have subjectively believed about Defendant’s connections to the residence is not what matters. Even if the agents and officers believed that Defendant lived in the residence, a third party’s subjective belief has no bearing on the legal question of whether Defendant had an expectation of privacy in the property.” United States v. Haywood, 2018 U.S. Dist. LEXIS 190970 (W.D. La. Nov. 8, 2018).

The search warrant for defendant’s vehicle was supported by a plain view of drugs, as was the search warrant for his hotel room. That was probable cause. His flight added to it. United States v. Cantrell, 2018 U.S. Dist. LEXIS 191870 (E.D. Ky. Nov. 9, 2018).*