Defendant\u2019s mother\u2019s house was searched where he claimed he\u2019d been staying, but he didn\u2019t attempt to show standing. \u201cThe Court finds that Defendant does not have standing to challenge the search that occurred on June 2, 2009. Defendant failed to meet his burden of showing that he had a legitimate expectation of privacy in the residence searched. Defendant presented no evidence that the residence was his residence, that established any right to occupy the residence, and no one from Defendant’s family testified that Defendant resided at this location. The residence in question belonged to File Shkambi, Defendant’s mother.\u201d United States v. Shkambi, 2013 U.S. Dist. LEXIS 120158 (E.D. Tex. July 31, 2013).*<\/p>\n
The private search of a cell phone resulted in it being turned over to OSI and prosecution resulted. The government\u2019s search of the cell phone\u2019s text messages were equal to the private search and did not violate the Fourth Amendment. United States v. Wicks, 2013 CCA LEXIS 621 (A.F. Ct. Crim. App. June 24, 2013).*<\/p>\n
The continuation of defendant\u2019s stop was with reasonable suspicion because the officer could not confirm defendant\u2019s right to be driving the vehicle. It had not been reported stolen at the time. State v. Vanderweide<\/a>, 2013 Iowa App. LEXIS 932 (August 21, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading