Defendants were in a vehicle owned by their boss who let them drive it. The name given matched the registration information, so he [barely] showed his standing of lawful possession of the vehicle. United States v. Perez, 2009 U.S. Dist. LEXIS 91408 (D. Kan. September 30, 2009):<\/p>\n
Nonetheless, the court believes that under the circumstances, and viewing the facts in the light most favorable to the defendants, defendants have met their burden, although scantily, to establish standing. Defendant Perez stated that he gained possession of the pick-up from his boss who owned the vehicle. Dispatch apparently confirmed that the registration given to the Trooper by defendant Perez was in fact for the pick-up he was driving, and that the person named by defendant Perez as his boss was in fact the registered owner of the pick-up. “The proponent of a motion to suppress need not always come forward with legal documentation establishing” lawful possession of the area searched, [but] “the proponent must at least state that he gained possession from the owner or someone with the authority to grant possession.” United States v. Martinez, 983 F.2d 968, 973 (10th Cir. 1992), citing United States v. Miller, 821 F.2d 546, 548 & n. 2 (11th Cir.1987)), cert. denied, 507 U.S. 1056 (1993). Defendant Perez has sufficiently done so.<\/p><\/blockquote>\n
Turn signal violation led to traffic stop which resulted in a plain view of crack in the cupholder in plain view. The search of the car after that was with probable cause. United States v. Hudson<\/a>, 2009 U.S. App. LEXIS 21544 (3d Cir. September 29, 2009) (unpublished).*<\/p>\n
Defendant was a law enforcement officer who was under investigation for child pornography on his computer. He cooperated with police and consented to a search. As a law enforcement officer, he understood his legal ability to not consent. United States v. Cole, 2009 U.S. Dist. LEXIS 91345 (D. Neb. October 1, 2009).<\/p>\n
The determination of defendant\u2019s lack of standing in his mother\u2019s house while he was in jail is not as clear as the USMJ found, but, standing aside, the search was still valid under the good faith exception. United States v. Alexander, 2009 U.S. Dist. LEXIS 91466 (W.D. La. September 30, 2009).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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