{"id":24989,"date":"2016-12-27T00:01:30","date_gmt":"2016-12-27T05:01:30","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=24989"},"modified":"2016-12-24T08:21:43","modified_gmt":"2016-12-24T13:21:43","slug":"ca8-visitor-at-apt-complex-cant-claim-standing-in-parking-lot-as-alleged-curtilage","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=24989","title":{"rendered":"CA8: Visitor at apt complex can&#8217;t claim standing in parking lot as alleged curtilage"},"content":{"rendered":"<p>Defendant didn\u2019t have standing to claim that police entry into an apartment building\u2019s parking lot was entry onto the curtilage because he didn\u2019t live there. [It\u2019s not curtilage anyway.] A cousin did, and he was an occasional visitor. Officers shining a light on his car is not a seizure. The officer smelled marijuana coming off defendant\u2019s person, and that was at least reasonable suspicion. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/16\/12\/153237P.pdf\">United States v. Wright<\/a>, 2016 U.S. App. LEXIS 23184 (8th Cir. Dec. 23, 2016).<\/p>\n<p>Seizure of the named plaintiff photographer\u2019s camera for evidence of his impersonating a first responder at the scene of a fatal accident for potential proof of the offense failed to state a claim under the First or Fourth Amendments. Plaintiff showed up driving a repurposed ambulance to take pictures at a fatal accident, and he was wearing a fireman\u2019s turn out coat and helmet with \u201cphotographer\u201d on it. The first responders at the scene thought he was one of them. Even if he stated a Fourth Amendment claim, it wasn&#8217;t clearly established in 2010.<a href=\"http:\/\/media.ca1.uscourts.gov\/pdf.opinions\/16-1130P-01A.pdf\">Belsito Communications, Inc. v. Decker<\/a>, 2016 U.S. App. LEXIS 23201 (1st Cir. Dec. 23, 2016),* aff\u2019g Belsito Communications, Inc. v. Decker, 2016 U.S. Dist. LEXIS 3694 (D.N.H. Jan. 12, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant didn\u2019t have standing to claim that police entry into an apartment building\u2019s parking lot was entry onto the curtilage because he didn\u2019t live there. [It\u2019s not curtilage anyway.] A cousin did, and he was an occasional visitor. Officers shining &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=24989\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[19,40,34],"tags":[],"class_list":["post-24989","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-qualified-immunity","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24989","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=24989"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24989\/revisions"}],"predecessor-version":[{"id":24990,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/24989\/revisions\/24990"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=24989"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=24989"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=24989"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}