D.Mass.: No standing in a package search where it wasn’t addressed to defendant or sent by him

The government’s failure to support the CI in an affidavit for a search warrant for a package was not material because probable cause was otherwise shown, and the good faith exception would apply. Besides that, it is highly unlikely that the defendant even has standing to contest a search of a package that was neither sent by nor to the defendant. This latter issue is not decided, but only because the other issue was determinative. United States v. Contreras, 2010 U.S. Dist. LEXIS 84571 (D. Mass. August 18, 2010).*

Defendant passenger had standing to challenge the stop of the vehicle (which was with reasonable suspicion of a traffic offense), but not its search. United States v. Cruz-Chavez, 2010 U.S. Dist. LEXIS 84172 (D. Kan. August 17, 2010)*:

4. The court shall begin with the issue of standing. The government has only challenged the standing of the passenger, Toscano-Burgueno, to object to the car stop. During a traffic stop, a passenger is “seized” for Fourth Amendment purposes and thus has standing to challenge the validity of the stop at issue. Brendlin v. California, 551 U.S. 249, 251, 127 S. Ct. 2400, 168 L. Ed. 2d 132 (2007). However, the passenger’s right to contest a subsequent search not of his or her person but the vehicle remains subject to analysis under Rakas v. Illinois, 439 U.S. 128, 99 S. Ct. 421, 58 L. Ed. 2d 387 (1978). United States v. Cortez-Galaviz, 495 F.3d 1203, 1206 (10th Cir. 2007). In Rakas, the Supreme Court held that a passenger who asserts neither a possessory nor a property interest in a vehicle “would not normally have legitimate expectation of privacy” in the vehicle protected by the Fourth Amendment. Rakas, 439 U.S. at 148-49.