{"id":3241,"date":"2009-12-25T08:31:18","date_gmt":"2009-07-12T09:10:13","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-07-12T09:10:13","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3241","title":{"rendered":"CA10: If defendant lacks “standing,” he also lacks standing to challenge a protective sweep"},"content":{"rendered":"

Defendant who lacked “standing” to challenge a search under Carter<\/a> because he was in a garage of another packaging marijuana also lacked standing to challenge a sweep of the premises that led to his arrest. Besides, the sweep was legal anyway. United States v. Jimenez<\/a>, 336 Fed. Appx. 798 (10th Cir. 2009) (unpublished):<\/p>\n

Defendant’s detention occurred after the police had conducted the sweep of Gonzalez’s residence, and only an individual with a legitimate expectation of privacy in the residence could object to the sweep. After entering the garage, officers acted reasonably in detaining Defendant when they caught him red handed with large quantities of marijuana, cuttings tools, and scales in plain sight. See United States v. Turner, 553 F.3d 1337, 1344 (10th Cir. 2009) (holding a “warrantless arrest by a law officer is reasonable under the Fourth Amendment where there is probable cause to believe that a criminal offense has been or is being committed”).<\/p>\n

We reject any contention that the officers could not rely on the readily apparent drug trafficking evidence in the garage because they were not “lawfully located in a place from which the [drug paraphernalia could] be plainly seen.” United States v. Naugle, 997 F.2d 819, 822 (10th Cir. 1993). In holding as much, we agree with our sister circuit’s reasoning that a claim the officers were not legitimately on the premises can only be raised by an individual with a legitimate expectation of privacy in those same premises. See United States v. Paopao, 469 F.3d 760, 765 (9th Cir. 2006), cert. denied, 550 U.S. 938, 127 S. Ct. 2249, 167 L. Ed. 2d 1097 (2007).\n<\/p><\/blockquote>\n

From defendant’s lethargy and smell of marijuana from the car, the experienced officer had reasonable suspicion. United States v. Binion<\/a>, 570 F.3d 1034 (8th Cir. 2009).*<\/p>\n

A dog search during an unjustified stop states a civil claim. Lange v. Miller, 2009 U.S. Dist. LEXIS 58591 (D. Colo. June 25, 2009):<\/p>\n

A dog search of a vehicle that is conducted while the vehicle is being unlawfully detained implicates the Fourth Amendment in the same manner as any other search conducted in conjunction with any other improper seizure. See Caballes, 543 U.S. at 408. Moreover, even if the initial stop was justified, it is well-established that a dog search may not be employed if the dog search extends “beyond the measure of time required for the officer to complete … the purpose for which” the vehicle was initially detained. See United States v. Morales-Zamora, 914 F.2d 200, 203 (10th Cir. 1990). <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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