{"id":25666,"date":"2017-02-06T13:42:09","date_gmt":"2017-02-06T18:42:09","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=25666"},"modified":"2017-02-07T08:34:16","modified_gmt":"2017-02-07T13:34:16","slug":"ca7-def-had-no-standing-in-a-car-on-a-truck-being-delivered-to-him-that-hed-never-seen","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=25666","title":{"rendered":"CA7: Def had no standing in a car shipped by car hauler being delivered to him that he&#8217;d never seen"},"content":{"rendered":"<p>Defendant had no standing in a car being shipped by a car hauler across the country when it was searched in transit. He was named neither the sender nor the recipient, and he had never been in or seen the car until it was delivered to him. When arrested, he admitted to using the name on the shipping, and he said he was delivering the car to somebody else and he knew that there was methamphetamine in the car. <a href=\"http:\/\/media.ca7.uscourts.gov\/cgi-bin\/rssExec.pl?Submit=Display&#038;Path=Y2017\/D02-03\/C:16-3402:J:PerCuriam:aut:T:fnOp:N:1906438:S:0\">United States v. Covarrubias<\/a>, 2017 U.S. App. LEXIS 1929 (7th Cir. Feb. 3, 2017).<\/p>\n<p>Defendant broke down on an interstate highway in Texas, and he started walking. An officer saw him from the other lane, crossed the median, and drove up to him, turning on the overhead lights for safety. Defendant didn\u2019t stop and walked past him. Defendant was asked if he needed help, and he seemed \u201cnervous and jittery.\u201d He put his hands in his pockets but removed them when told. Defendant\u2019s frisk was without reasonable suspicion, and it is suppressed. <a href=\"http:\/\/www.ca5.uscourts.gov\/opinions\/pub\/15\/15-10357-CR0.pdf\">United States v. Monsivais<\/a>, 2017 U.S. App. LEXIS 1910 (5th Cir. Feb. 2, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant had no standing in a car being shipped by a car hauler across the country when it was searched in transit. He was named neither the sender nor the recipient, and he had never been in or seen the &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=25666\">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":[35,34],"tags":[],"class_list":["post-25666","post","type-post","status-publish","format-standard","hentry","category-reasonable-suspicion","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25666","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=25666"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25666\/revisions"}],"predecessor-version":[{"id":25678,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/25666\/revisions\/25678"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=25666"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=25666"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=25666"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}