E.D.Mich.: Def had standing in his brother’s garage where only they had keys and it was used for business purposes

The warrantless search of defendant’s brother’s garage where both had keys and defendant kept things from their construction business was unreasonable. Defendant had standing because it was used for business purposes, and he did not have to spend the night there to have standing. United States v. Arreola-Alvardo, 2022 U.S. Dist. LEXIS 90326, 2022 U.S. Dist. LEXIS 91453 (E.D.Mich. May 19, 2022).

The entry into defendant’s apartment was with weapons in hand, and it was consensual. The information gathered (defendant’s presence) is suppressed. United States v. Martin, 2022 U.S. App. LEXIS 13630 (9th Cir. May 19, 2022).

“At first blush, this case may present ‘thorny constitutional issues.’ The Court, however, ultimately finds that the issuing magistrate judge had a substantial basis to conclude that the Residence contained evidence of drug trafficking. But even if the Affidavit were lacking, the investigators relied on the Search Warrant in good faith, which precludes the exclusion of evidence.” United States v. Navedo, 2022 U.S. Dist. LEXIS 90640 (N.D.Ohio May 19, 2022).*

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