S.D.Ga.: State knock-and-announce statute, if it applies at all, doesn’t confer standing on an alleged guest

Plaintiff said she was an overnight guest at the house searched and thus had standing, except that was never proved. “None of those facts are present here, as there is no record evidence showing that James had personal belongings in the Residence, that James had a key to the Residence, or that James had stayed overnight at the Residence more than once. [¶] But while those facts are frequent considerations, they are not required to prove an individual is an overnight guest.” In addition, plaintiff said the state statute on knock-and-announce was violated, but that fails to apply as to guests instead of residents. Besides, state statute doesn’t govern the Fourth Amendment and has nothing to do with standing. C.J. v. Blaquiere, 2024 U.S. Dist. LEXIS 118485 (S.D. Ga. July 5, 2024).

Defendant’s stop was in July 2021 but he wasn’t charged with felonies until October 2022. In the meantime, the video of the stop had been destroyed. When the officer testified, he added an important fact to the narrative not in the original report. “Given all of these factors, the Court is not persuaded that Detective Williams had reasonable suspicion to stop Mr. McElroy’s vehicle.” United States v. McElroy, 2024 U.S. Dist. LEXIS 118368 (S.D. Miss. July 5, 2024).

“We nevertheless affirm the district court’s decision to deny the motion to suppress because we conclude that suppression is not an appropriate remedy for the [8 U.S.C.] § 1357(a) violation [likelihood of escape] alleged in this case.” United States v. Flores-Altamirano, 2024 U.S. App. LEXIS 16436 (9th Cir. July 5, 2024).*

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