D.Mont.: Defendant had standing in a mailed package even though the return address wasn’t his

Defendant had standing to challenge the search of a mailed package even though the return address was not his name. United States v. Gardenier, 2012 U.S. Dist. LEXIS 160030 (D. Mont. November 7, 2012):

The parties do not dispute that Gardenier sent the package, even though the return label read “Jenny Harbinger.” As the sender of the package, Gardenier had a legitimate expectation of privacy in it. She thus has standing to challenge the warrantless seizure of the package from the UPS facility and the subsequent search of the package at the Task Force headquarters.

A store security guard reported to the police, apparently without any factual justification, that somebody in a car was doing drugs. A police car pulled up behind the car, without blue lights on, but non-flashing white lights on the light bar. That still conveyed “Stay put” and was a seizure. The seizure was without factual justification. United States v. Gray, 2012 U.S. Dist. LEXIS 159292 (D. Kan. November 7, 2012).*

The facts are not in dispute, so defendant is not entitled to a hearing on his motion to suppress a probation search. It was a valid probation search. United States v. Muhammad, 903 F. Supp. 2d 132 (E.D. N.Y. 2012)*; United States v. Washington, 2012 U.S. Dist. LEXIS 159863 (S.D. N.Y. November 7, 2012).*