D.N.M.: Defendant had standing in his girlfriend’s apartment where he came and went as he pleased and cared for the children when she was at work

Defendant had standing to challenge the entry into the apartment he was in in a housing project. He was the father of the tenant’s three children, although the record is not clear whether they were married in Cuba in 1995 or not. Nevertheless, he regularly watched their children when she was at work, and he could come and go as he pleased. The government’s reliance on Minnesota v. Carter, the drug manufacturing case, is clearly misplaced. The court finds, however, that his girlfriend consented to the entry of the police. She was not credible at all on what happened, and she clearly exaggerated facts. United States v. Romero-Leon, 2010 U.S. Dist. LEXIS 101760 (D. N.M. April 19, 2010)*:

While there is no case law specifically on point, the Court finds that Defendant’s relationship with Virgen Garcia and the children combined with his regular visits to their home give Defendant a reasonable expectation of privacy in the Princess Jeanne residence. Ms. Garcia and the children clearly considered Defendant a part of their family. The evidence shows that Defendant spent a significant number of his waking hours at the Princess Jeanne address—often without Ms. Garcia present. In addition, Ms. Garcia had given Defendant a key to the home so that he could come and go freely. Taken together, all these facts suggest that Defendant subjectively treated the house as his own, even though he did not permanently reside there. Furthermore, given his familial relationship with Ms. Garcia and the children, the Court finds that Defendant’s expectation was objectively reasonable.

“[T]he warrant did authorize the seizure of ‘documents relating to the illegal trafficking of firearms and ammunition.’” Documents relating to defendant’s occupancy of the premises could be seized under the warrant. United States v. Victor, 394 Fed. Appx. 747 (2d Cir. 2010).*