Defendant\u2019s effort to distance himself from the premises searched ended up denying him standing. United States v. Xavier, 2010 U.S. Dist. LEXIS 8786 (D.V.I. February 2, 2010)*:<\/p>\n
Here, rather than show a legitimate expectation of privacy in the searched residence, Defendant has done just the opposite. Defendant’s Motion for Reconsideration is premised on the notion that \u201che does not reside at # 10 Estate Humbug.\u201d (Defendant’s Memorandum of Law in Support of Motion for Reconsideration 5.) Indeed, the affidavits and exhibits tendered by the Defendant are all offered to show that he did not reside at No. 10 Estate Humbug. While the searched residence may be the home of Defendant’s wife, Brendacia Xavier, Defendant offers no evidence from which this Court can deduce that he had possession, control, or dominion over No. 10 Estate Humbug. Defendant has not demonstrated that he actually believed that he had an expectation of privacy at the searched residence or that his expectation was the type that society is prepared to recognize as reasonable and has therefore failed to carry his burden of showing that the search of No. 10 Estate Humbug violated his Fourth Amendment rights. Salvucci, 448 U.S. at 85; Rakas, 439 U.S. at 132; Acosta, 965 F.2d at 1256 n.9.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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