CA2: Def’s affidavit of standing failed to show it; who gave permission to be there and when?

Defendant didn’t show standing in his affidavit offer of proof to pursue his motion to suppress. It wasn’t his place and he had limited use of it but doesn’t say who gave access. United States v. Caesar, 2026 U.S. App. LEXIS 7746 (2d Cir. Mar. 17, 2026)*:

Caesar failed to meet his burden of establishing standing to challenge a search of someone else’s residence and garage. Caesar “needed to articulate specific facts regarding the [areas searched] and his use of [them]” to establish that he had a reasonable expectation of privacy therein. Lewis, 62 F.4th at 741. But his affidavit in support of his motion to suppress alleged only that “he was permitted use of the residence at 203 May Street by the owner” and that he “was allowed complete ingress and egress to the residence at 203 May Street by the owner.”2 App’x at 54. Caesar’s affidavit did not state who owned the premises, what Caesar’s relationship to that person was, what specifically Caesar was permitted to do on the premises, or any other facts indicating that the owner “so liberally shared his own privacy interest” with Caesar to give rise to a reasonable expectation of privacy. Figueroa, 825 F.3d at 109; see also Lewis, 62 F.4th at 741 (concluding that a defendant failed to establish standing to challenge the search of a porch when he offered no evidence of “the particular uses he made of the porch … [or] any steps he took to maintain his privacy while using it”). Moreover, Caesar’s affidavit did not even mention the detached garage, much less discuss his use of it. On this record, the district court did not err in concluding that Caesar failed to meet his burden to establish Fourth Amendment standing.