{"id":1988,"date":"2009-02-19T23:15:25","date_gmt":"2008-04-14T06:41:27","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2008-04-14T06:41:27","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=1988","title":{"rendered":"Defendant did not show standing in place he occasionally stayed at when he was found there after a murder"},"content":{"rendered":"

Defendant failed to show that he had standing in the apartment that was searched where he occasionally stayed where the baseball bat used in a murder was found. He occasionally was an overnight guest, but not at the time of this search. State v. Dooley<\/a>, 2008 Ohio 1748, 2008 Ohio App. LEXIS 1512 (2d Dist. April 11, 2008):<\/p>\n

[*P17] In the instant case, the evidence established that Dooley resided in the apartment directly above Todd’s apartment. Todd was the sole leaseholder on her apartment, and Dooley did not have a key to her residence. Todd was also the only person to pay the rent at her apartment. We note that the baseball bat believed to have been used in the murder of Todd did not belong to Dooley and was found in an umbrella stand placed in the living room of her apartment. Although some evidence was presented which established that Dooley occasionally spent the night at his mother’s apartment in her second bedroom if he and his girlfriend were fighting, no evidence was presented which established that he stayed at Todd’s apartment in the nights preceding her death. In fact, no evidence was presented which established when Dooley was last legitimately at Todd’s apartment as an overnight guest.<\/p><\/blockquote>\n

Police who arrested a probationer outside his trailer had sufficient cause for a protective sweep of the trailer because they had reason to believe that there was somebody else inside who could pose a danger to them. Reese v. Monroe County Sheriff’s Dep’t, 2008 U.S. Dist. LEXIS 29699 (N.D. Miss. March 27, 2008).*<\/p>\n

The officer had reasonable suspicion for continuing the stop of defendant. State v. Barnard<\/a>, 2008 N.C. LEXIS 338 (April 10, 2008).*<\/p>\n

Defendant failed to show that the motion to suppress that he complained his lawyer did not file would have prevailed, so his lawyer was not ineffective. State v. Harris<\/a>, 2008 Ohio 1753, 2008 Ohio App. LEXIS 1513 (2d Dist. April 11, 2008).*<\/p>\n

Applying the Vermont Constitution, the defendant was detained without reasonable suspicion too long before a drug dog arrived, and the search was suppressed. State v. Cunningham<\/a>, 2008 VT 43, 183 Vt. 401, 954 A.2d 1290 (2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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