D.Utah: Def lacked standing in an apt rented for him he knew was by identity theft

Defendant lacked standing to contest a search of the apartment he knew was rented by another for him via identity theft. United States v. Kafuku, 2018 U.S. Dist. LEXIS 207331 (D. Utah Dec. 8, 2018):

Under Johnson, any expectation of privacy Mr. Kafuku may have had in the Brigadoon apartment was not reasonable because of the terms under which he came to occupy the apartment. Mr. Kafuku testified that he knew his friend was renting the apartment in D.H.’s name. And D.H. is an innocent victim of identity theft. Those simple facts overcome any expectation Mr. Kafuku may have had because the apartment was his residence. Because he was wrongfully occupying the apartment, he was not entitled to Fourth Amendment protection and does not having standing under the Fourth Amendment. Therefore, he is not afforded the protection of the exclusionary rule, and this court will not suppress the evidence against him.