M.D.Fla.: If defendant had standing as an intermittent guest, he waived it by surrendering to police and staying in custody ten days before the search.

If defendant, an intermittent overnight guest at the house of another had any standing, something not conceded, he waived it when he turned himself in ten days before the search occurred by leaving stuff there. Also the owner consented. United States v. Burke, 2011 U.S. Dist. LEXIS 136877 (M.D. Fla. November 29, 2011):

The evidence establishes that Defendant Burke had a subjective expectation of privacy; the question is whether Defendant Burke’s expectation of privacy is one which society recognizes as legitimate. If Defendant Burke occupied the second bedroom in HLS’ apartment intermittently prior to 2/5/2011, after Defendant Burke turned himself in on 2/5/2011, Defendant Burke could not have expected to return to the apartment to continue Defendant’s intermittent residence. If Defendant Burke had a long-standing familial type of relationship with HLS in the past, on 2/15/2011, Defendant Burke was not a guest, occupying the premises with the permission of HLS, and there was no realistic expectation that Defendant Burke would return to occupy the premises, since Defendant Burke remained in custody.

Trash at the edge of a gravel road for pick up was not on the curtilage. United States v. Lemons, 2011 U.S. Dist. LEXIS 136691 (W.D. Ky. November 28, 2011).*

Almost considering the merits of defendant’s Fourth Amendment claim in habeas deferential AEPDA review on the independent source doctrine: “Upon review of the district court order and the state court record, we agree that Cheeks had a full and fair opportunity to litigate his Fourth Amendment claim in state court.” Cheeks v. Smelser, 448 Fed. Appx. 848 (10th Cir. 2011).*