{"id":3293,"date":"2009-12-22T11:24:17","date_gmt":"2009-08-02T10:10:35","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-08-02T10:10:35","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3293","title":{"rendered":"CA11: Proof of ongoing drug deals and possession overcame staleness challenge"},"content":{"rendered":"

Two controlled buys coupled with a trash search showed that the information for the search warrant was not stale. United States v. Akel<\/a>, 2009 U.S. App. LEXIS 16952 (11th Cir. July 24, 2009) (unpublished).*<\/p>\n

On de novo review of the USMJ R&R, consent was shown to be voluntary. United States v. Mohammed, 2009 U.S. Dist. LEXIS 65248 (M.D. Fla. July 24, 2009).*<\/p>\n

Motion to suppress that stated that the gun found was not his and was in a car that did not belong to him showed no standing, and it was denied without an evidentiary hearing. United States v. Brown, 2009 U.S. Dist. LEXIS 65786 (D. Neb. July 30, 2009).*<\/p>\n

Defendant with a suspended license was driving a car owned by an alleged friend; he did not show that he was driving with permission and then abandoned it when he was stopped; no standing. Even if standing is assumed, there was probable cause. United States v. Brown, 2009 U.S. Dist. LEXIS 65972 (S.D. Ind. July 30, 2009):<\/p>\n

The government contends that the Defendant lacked a reasonable expectation of privacy in the Crown Victoria and that, therefore, any search conducted therein could not have violated the Defendant’s Fourth Amendment rights. The Defendant’s claim to a reasonable expectation of privacy is dubious at best. The Defendant testified that the Crown Victoria was registered to Cierra Tinker, a lady friend of his from whom he claims to have purchased the car. That assertion notwithstanding, the Defendant never established either how he came to be in possession of the car on the day of his arrest, or that he had the permission of the owner of the car to drive it. Assuming he possessed the subjective expectation of privacy–a point that he has not satisfactorily demonstrated and that his rapid abandonment of the vehicle during his flee attempt belies–the Defendant may be unable to establish an objective expectation of privacy as a matter of law. But because his driver’s license apparently was suspended at the time of this incident and he “should not have been driving any vehicle … his objective expectation of privacy in the truck was neither legitimate nor reasonable.” Id. We do not believe Defendant has established that he has standing to challenge the admissibility of the evidence found within the car, based on the afore-referenced principles. Nonetheless, we shall assume for purposes of conducting a complete analysis of Defendant’s legal contentions that he did have standing and continue our analysis of his remaining claims.<\/p><\/blockquote>\n

(This case at least exemplifies the rationale that showing standing in a borrowed car should not be a high burden because the court assumes that the defendant could come up with some evidence of standing.)<\/p>\n

In an IAC claim, “a ‘meritorious’ motion to suppress with one that likely would have been granted, as opposed to a motion for which there is merely some good faith basis to pursue.” This one would not have been granted. Castruita v. United States, 2009 U.S. Dist. LEXIS 65778 (W.D. Tex. June 21, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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