Defendant has the burden of establishing standing. At the hearing, the government contested standing, and defendant didn\u2019t respond or brief it. Therefore, standing was waived. United States v. Tolbert, 2015 U.S. Dist. LEXIS 71047 (N.D.Ga. April 30, 2015).*<\/p>\n
Probable cause was shown on the face of the affidavit. Moreover, \u201cThe Affidavit supporting the search warrant in this case was not a bare-boned statement of conclusory allegations characteristic of the affidavits found so lacking in indicia of probable cause that they fall outside the good faith exception.\u201d United States v. Mobely, 2015 U.S. Dist. LEXIS 71046 (N.D.Ga. April 29, 2015).*<\/p>\n
An anonymous tip from a \u201cconcerned citizen\u201d that a person in a particular car was selling heroin from a casino hotel room was sufficiently corroborated for issuance of a search warrant, including what appeared to be persons coming and going from the room staying only a couple of minutes and leaving with a small object in hand. When the USDJ adopted the R&R: even if there was no probable cause, it was not so lacking in PC that the good faith exception could not be relied upon. United States v. Adkins, 2015 U.S. Dist. LEXIS 71821 (D.Minn. April 17, 2015),* adopted 2015 U.S. Dist. LEXIS 70184 (D. Minn. June 1, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant has the burden of establishing standing. At the hearing, the government contested standing, and defendant didn\u2019t respond or brief it. Therefore, standing was waived. United States v. Tolbert, 2015 U.S. Dist. LEXIS 71047 (N.D.Ga. April 30, 2015).* Probable cause … Continue reading