W.D.N.Y.: Def had no REP in his passenger’s cell phone that was being tracked which incidentally tracked him

“Here, there is no evidence that Defendant had possession of, or any subjective privacy interest in, Mr. Daniels’ cell phone. Law enforcement did not observe Defendant using the tracked cell phone, and the cell phone was not registered to Defendant. Nor has Defendant articulated any basis showing that he had an expectation of privacy in the information from Mr. Daniels’ cell phone. The fact that the cell phone was allegedly tracked to Room #113 where Defendant happened to have a privacy interest is immaterial. ‘A defendant bears the burden of proving that he has a legitimate expectation of privacy in an object such that he can claim the protection of the Fourth Amendment in challenging the government’s search of that object.’ Dore, 586 F. App’x at 46. Defendant has failed to satisfy this burden as it relates to the search of Mr. Daniels’ cell phone, and therefore his motion is denied.” United States v. Lucas, 2019 U.S. Dist. LEXIS 80157 (W.D. N.Y. May 13, 2019).