{"id":45730,"date":"2020-10-12T00:01:55","date_gmt":"2020-10-12T05:01:55","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=45730"},"modified":"2020-10-10T04:52:37","modified_gmt":"2020-10-10T09:52:37","slug":"n-d-ill-def-had-standing-to-challenge-search-of-a-garage-of-another-he-was-using-and-had-exclusive-control-over-at-the-time","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=45730","title":{"rendered":"N.D.Ill.: Def had standing to challenge search of a garage of another he was using and had exclusive control over at the time"},"content":{"rendered":"\n<p>\u201cPerez has provided enough evidence to show that, at the time of the search, he had control over the Dakin garage and the ability to exclude others from it. He was storing materials there, there was no one else on the premises at the time, and Perez had the only way in-the garage door to which he had an opener. He closed the door after entering the garage earlier in the day, before the traffic stop. Accordingly, Perez has met his burden regarding his expectation of privacy in the Dakin Garage and the Government bears the burden of showing that the officers obtained his consent prior to searching the garage.\u201d His consent to search it was voluntary. United States v. Perez, 2020 U.S. Dist. LEXIS 187973 (N.D. Ill. Oct. 9, 2020).<\/p>\n\n\n\n<p>Defendant was arrested and left his car in an emergency parking area. Towing and inventory was thus reasonable. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/20\/10\/182806P.pdf\">United States v. Everett<\/a>, 2020 U.S. App. LEXIS 32051 (8th Cir. Oct. 9, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cPerez has provided enough evidence to show that, at the time of the search, he had control over the Dakin garage and the ability to exclude others from it. He was storing materials there, there was no one else on &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=45730\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[24,39,34],"tags":[],"class_list":["post-45730","post","type-post","status-publish","format-standard","hentry","category-consent","category-inventory","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45730","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\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=45730"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45730\/revisions"}],"predecessor-version":[{"id":45731,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45730\/revisions\/45731"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45730"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45730"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45730"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}