MA: Defendant’s written proffer for motion to suppress defeated his standing

Déjà vu all over again:

Defendant’s proffer in an affidavit in support of the motion to suppress from his girlfriend, apparently to distance him from the contraband, completely undermined his standing, even though the trial court found standing. The appellate court finds no standing. Commonwealth v. Holley, 79 Mass. App. Ct. 542, 947 N.E.2d 606 (2011):

As noted, the girlfriend’s affidavit does not establish any reasonable expectation of privacy in the basement area or in the box. The defendant’s affidavit adds nothing to the privacy calculus. Indeed, the defendant’s affidavit says nothing about the Flint Street apartment and the basement area, which would establish any connection to that place by the defendant. In any event, it is clear from the record — specifically from the date of the defendant’s arrest on April 21, 2005, and his being held in custody continuously thereafter — that the defendant never was present at the Flint Street apartment, much less resided there.