E.D.Tex.: Defendant made no attempt to show standing in his mother’s house where he allegedly stayed

Defendant’s mother’s house was searched where he claimed he’d been staying, but he didn’t attempt to show standing. “The Court finds that Defendant does not have standing to challenge the search that occurred on June 2, 2009. Defendant failed to meet his burden of showing that he had a legitimate expectation of privacy in the residence searched. Defendant presented no evidence that the residence was his residence, that established any right to occupy the residence, and no one from Defendant’s family testified that Defendant resided at this location. The residence in question belonged to File Shkambi, Defendant’s mother.” United States v. Shkambi, 2013 U.S. Dist. LEXIS 120158 (E.D. Tex. July 31, 2013).*

The private search of a cell phone resulted in it being turned over to OSI and prosecution resulted. The government’s search of the cell phone’s text messages were equal to the private search and did not violate the Fourth Amendment. United States v. Wicks, 2013 CCA LEXIS 621 (A.F. Ct. Crim. App. June 24, 2013).*

The continuation of defendant’s stop was with reasonable suspicion because the officer could not confirm defendant’s right to be driving the vehicle. It had not been reported stolen at the time. State v. Vanderweide, 2013 Iowa App. LEXIS 932 (August 21, 2013).*