N.D.Ill.: While def was in jail, he caused robbery evidence to be moved to his sister’s house; he’d been in jail a month by then and lacks standing

Defendant is accused of robbing an ATM technician. The search warrant for his place in Chicago was based on probable cause, and evidence linking him to the robbery was found there. After jail calls suggested evidence was moved to his sister’s apartment in Joliet, a search warrant was issued for her place. Defendant lacks standing to challenge that search. Whatever his relationship to the property, he hadn’t been there in a month because he was in jail and had no reasonable expectation of privacy there. Even if he did, that search warrant was also issued on probable cause. United States v. Parker, 2019 U.S. Dist. LEXIS 119348 (N.D. Ill. July 16, 2019):

Although it is unclear when Parker was an overnight guest at his sister’s apartment, Parker had been in jail for a month when the FBI executed the Joliet Warrant. Further, the jail calls indicate that someone else brought the money to his sister’s apartment, rather than Parker himself. A single overnight visit from a month prior to the execution of the search warrant does not implicate the same expectations of privacy underlying the Supreme Court’s decision in Minnesota v. Olson, 495 U.S. at 99 (“From the overnight guest’s perspective, he seeks shelter in another’s home precisely because it provides him with privacy, a place where he and his possessions will not be disturbed by anyone but his host and those his host allows inside.”); see also United States v. Merricks, 572 F. App’x 753, 755 (11th Cir. 2014) (defendant who stayed at residence three weeks prior to his arrest lacked a reasonable expectation of privacy). For these reasons, the Court finds that Parker lacks standing to challenge the Joliet Warrant.