{"id":3250,"date":"2009-12-25T06:21:12","date_gmt":"2009-07-15T08:11:48","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-07-15T08:11:48","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3250","title":{"rendered":"GA: Mere invitee to a hotel room for drug use had no standing"},"content":{"rendered":"

As a mere invitee to a hotel room for drug use, defendant had no standing to challenge the search of the room. He had no key and he was not staying the night. State v. Carter<\/a>, 299 Ga. App. 3, 681 S.E.2d 688 (2009).*<\/p>\n

As a frequent visitor, defendant had standing under Olson<\/a> to challenge a search of the apartment he was visiting. Defendant was not present to object, so Randolph<\/a> does not help him overcome the consent of the primary occupant. United States v. Foster, 2009 U.S. Dist. LEXIS 59161 (E.D. N.C. July 8, 2009).*<\/p>\n

Suppression evidence of a vehicle stop was not binding on federal proceedings. In addition, the version in the unobjected to PSR is diametrically opposed to the version alleged in the 2255 petition. Defense counsel was not ineffective. Douglas v. United States, 2009 U.S. Dist. LEXIS 58701 (E.D. Tenn. July 2, 2009).*<\/p>\n

Material omissions by inadvertence are not enough for a Franks<\/a> violation. “At one point, Defendants even undercut their claim to a Franks hearing by arguing that even if the omissions were made ‘inadvertently or due to a lack of knowledge,’ probable cause does not exist. Of course, inadvertence or lack of knowledge on the part of the affiant is not enough; the defendant must instead adduce evidence that the affiant acted intentionally or with reckless indifference in failing to include the omitted material. See Franks<\/a>, 438 U.S. at 171-72 (‘Allegations of negligence or innocent mistake are insufficient.’).” United States v. Poulsen, 2007 U.S. Dist. LEXIS 98531 (S.D. Ohio January 30, 2008).*<\/p>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-3250","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3250","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\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=3250"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/3250\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=3250"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=3250"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=3250"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}