{"id":64973,"date":"2026-10-08T09:59:48","date_gmt":"2026-10-08T14:59:48","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64973"},"modified":"2026-10-08T09:59:48","modified_gmt":"2026-10-08T14:59:48","slug":"ca10-no-standing-in-real-property-defs-attempted-to-buy-but-didnt-and-then-wouldnt-leave","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=64973","title":{"rendered":"CA10: No standing in real property defs&#8217; attempted to buy but didn&#8217;t and then wouldn&#8217;t leave"},"content":{"rendered":"\n<p>Defendant\u2019s lacked standing in the real property they were attempting to buy but the deal fell through. They knew they had to leave and hadn\u2019t yet. They essentially were trespassers, not tenants. <a href=\"https:\/\/www.ca10.uscourts.gov\/sites\/ca10\/files\/opinions\/010111521430.pdf\">United States v. Wahhaj<\/a>, 2026 U.S. App. LEXIS 30508 (10th Cir. Oct. 6, 2026).<\/p>\n\n\n\n<p>Defendant\u2019s car went airborne and hit a building. There was probable cause to believe he was under the influence, and he was unconscious, so the warrantless blood draw at the hospital was reasonable. State v. Pierangeli, 2026 Wisc. App. LEXIS 1112 (Oct. 7, 2026).*<\/p>\n\n\n\n<p>\u201cBecause the evidence supports a finding that the warrant process would have significantly delayed defendant&#8217;s blood draw, under circumstances where law enforce-ment assistance was scarce, and Miller reasonably believed that the evidence of defendant&#8217;s blood alcohol would be lost as a result of the delay, the trial court did not err in concluding that exigent circumstances were present that justified the warrantless blood draw under the Oregon and federal constitutions.\u201d State v. Butler, 353 Or App 595 (Oct. 7, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s lacked standing in the real property they were attempting to buy but the deal fell through. They knew they had to leave and hadn\u2019t yet. They essentially were trespassers, not tenants. United States v. Wahhaj, 2026 U.S. App. LEXIS &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=64973\">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":[3,34],"tags":[],"class_list":["post-64973","post","type-post","status-publish","format-standard","hentry","category-emergency-exigency","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64973","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=64973"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64973\/revisions"}],"predecessor-version":[{"id":64974,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64973\/revisions\/64974"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64973"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64973"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64973"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}