{"id":58365,"date":"2024-07-16T15:42:29","date_gmt":"2024-07-16T20:42:29","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=58365"},"modified":"2024-07-16T15:42:29","modified_gmt":"2024-07-16T20:42:29","slug":"ca11-no-co-conspirator-standing-in-two-cars","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=58365","title":{"rendered":"CA11: No co-conspirator standing in two cars"},"content":{"rendered":"\n<p>Here there were two vehicles stopped. Defendant was a passenger in one, and he had no standing in either merely being a co-conspirator to a drug operation. <a href=\"https:\/\/media.ca11.uscourts.gov\/opinions\/unpub\/files\/202212938.pdf\">United States v. Lewis<\/a>, 2024 U.S. App. LEXIS 16803 (11th Cir. July 10, 2024).<\/p>\n\n\n\n<p>Defendant\u2019s cell phone was seized at the border, and a search warrant was obtained for it nine days later. The delay was not unreasonable. <a href=\"https:\/\/www.ca4.uscourts.gov\/opinions\/224261.P.pdf\">United States v. Nkongho<\/a>, 2024 U.S. App. LEXIS 16842 (4th Cir. July 10, 2024).*<\/p>\n\n\n\n<p>The USMJ found the Fourth Amendment violated because the stop was extended without reasonable suspicion, but the good faith exception should apply in any event. \u201cWeighing all of the circumstances and factors together, the court finds that a reasonable officer could suspect that Hamdan was a felon and possessed a gun. Thus, the court finds Leacraft had reasonable suspicion to extend the traffic stop, see Callison, 2 F.4th at 1132, and so did not violate Hamdan&#8217;s Fourth Amendment rights when he pulled Hamdan out of the vehicle.\u201d United States v. Hamdan, 2024 U.S. Dist. LEXIS 122233 (D.S.D. July 10, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Here there were two vehicles stopped. Defendant was a passenger in one, and he had no standing in either merely being a co-conspirator to a drug operation. United States v. Lewis, 2024 U.S. App. LEXIS 16803 (11th Cir. July 10, &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=58365\">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":[10,35,34],"tags":[],"class_list":["post-58365","post","type-post","status-publish","format-standard","hentry","category-border-search","category-reasonable-suspicion","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58365","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=58365"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58365\/revisions"}],"predecessor-version":[{"id":58366,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/58365\/revisions\/58366"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=58365"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=58365"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=58365"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}