{"id":1686,"date":"2008-01-12T07:48:25","date_gmt":"2008-01-12T07:48:25","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-01-12T07:48:25","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1686","title":{"rendered":"Guest sleeping in a camper had standing"},"content":{"rendered":"<p>Defendant had standing in the camper of another in which he was staying as a guest that was searched without a warrant. United States v. Eaves, 2008 U.S. Dist. LEXIS 1815 (E.D. Tenn. January 8, 2008):<\/p>\n<blockquote><p>Based on his status as an overnight guest staying and sleeping in the camper, the Court concludes that defendant Eaves has met his burden of showing that he had a legitimate expectation of privacy for purposes of the Fourth Amendment. As an overnight guest, defendant has standing to assert a claim that a warrantless search of the camper by the police violates his rights protected under the Fourth Amendment. <a href=\"http:\/\/caselaw.lp.findlaw.com\/scripts\/getcase.pl?court=us&amp;vol=495&amp;invol=91\"><em>Minnesota v. Olson<\/em><\/a>, 495 U.S. at 95-100.<\/p><\/blockquote>\n<p>Judge issuing search warrant could not be sued for that act because of judicial immunity. Ray v. Twp. of Warren, 2008 U.S. Dist. LEXIS 1902 (D. N.J. January 10, 2008).*<\/p>\n<p>Pointing a gun at plaintiff&#8217;s head during an arrest as an excessive force claim was barred by qualified immunity. Burke v. County of Alameda, 2008 U.S. Dist. LEXIS 1860 (N.D. Cal. January 10, 2008).*<\/p>\n<p>Texas prison inmate has no separate expectation of privacy in a closed container in his cell since he already has no expectation of privacy in the cell in general.  <a href=\"http:\/\/www.6thcoa.courts.state.tx.us\/opinions\/HTMLopinion.asp?OpinionID=9088\">Dunn v. TDCJ-ID<\/a>, 2008 Tex. App. LEXIS 170 (Tex. App. \u2013 Texarkana January 11, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=1686\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-1686","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1686","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1686"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/1686\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1686"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1686"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1686"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}