{"id":61950,"date":"2025-09-20T12:47:10","date_gmt":"2025-09-20T17:47:10","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61950"},"modified":"2025-09-20T12:47:10","modified_gmt":"2025-09-20T17:47:10","slug":"e-d-pa-def-succeeds-in-suppressing-a-stop-when-he-even-lacked-standing-to-challenge-the-search","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=61950","title":{"rendered":"E.D.Pa.: Def succeeds in suppressing a stop when he even lacked standing to challenge the search"},"content":{"rendered":"\n<p>Defendant was a passenger in the car that was stopped. While he wouldn\u2019t have standing in the car, he persuaded the court that the stop lacked justification based on credibility of witnesses, and the motion to suppress is granted. United States v. Wynn, 2025 U.S. Dist. LEXIS 184598 (E.D. Pa. Sep. 19, 2025).<\/p>\n\n\n\n<p>On post-conviction, petitioner\u2019s illegal arrest claim is defaulted because it should have been raised in the original case. But, it wasn\u2019t even illegal. United States v. Orlandella, 2025 U.S. Dist. LEXIS 184747 (D. Mass. Sep. 19, 2025).*<\/p>\n\n\n\n<p>The officer making an arrest for assault doesn\u2019t have to consider affirmative defenses unless they\u2019re apparent. Here, the officer was on notice, but there was probable cause anyway. United States v. McGrady, 2025 U.S. Dist. LEXIS 181723 (S.D. Fla. Aug. 14, 2025).*<\/p>\n\n\n\n<p>Defendant\u2019s guilty plea waives his Fourth Amendment claim. Hogenkamp v. United States, 2025 U.S. Dist. LEXIS 184537 (W.D. Wis. Sep. 18, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was a passenger in the car that was stopped. While he wouldn\u2019t have standing in the car, he persuaded the court that the stop lacked justification based on credibility of witnesses, and the motion to suppress is granted. United &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=61950\">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":[20,34,129],"tags":[],"class_list":["post-61950","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-standing","category-waiver"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61950","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=61950"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61950\/revisions"}],"predecessor-version":[{"id":61951,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61950\/revisions\/61951"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61950"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61950"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61950"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}