Category Archives: Standing

N.D.Ohio: Refusing discovery on 4A grounds in forfeiture case results in no standing

On remand from the Sixth Circuit in this forfeiture case on the question of standing, claimant asserted Fourth Amendment privilege to all discovery requests about his standing to claim the money. The court finds no facts for standing means no … Continue reading

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E.D.Pa.: In a cell phone search, cached data was within the “electronic data or memory features” of the phone as provided by the SW

Cached data on defendant’s cell phone is included in “[a]ll documents, including in electronic form, and stored communications including … photographs, videos, and any other electronic data or other memory features contained in the devices and SIM cards[.]” The search … Continue reading

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D.N.D.: Defs showed no connection to the premises as overnight guests to have standing

Defendants had no real connection to the place searched to have standing. “There was no evidence presented to support the Defendants’ allegation that they had permission from the owners (Stevens and Levings) to stay in the home as overnight guests. … Continue reading

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N.D.Ohio: Being the target of a search doesn’t automatically establish standing

Being the target of a search doesn’t automatically establish standing. There were four packages here sent under assumed names to assumed names. The anticipatory warrant was based on probable cause. United States v. Taylor, 2024 U.S. Dist. LEXIS 36749 (N.D. … Continue reading

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GA: ER GSW patient had no REP in his clothing removed by staff and then given to police

Defendant came to an ER for treatment for a gunshot wound. The medical staff bagged his clothing after getting it off him, and then gave it to the police who requested it. He had no reasonable expectation of privacy in … Continue reading

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D.Nev.: No standing where alleged Turo car rental couldn’t be shown by driver

The court finds defendant lacked standing in a car he claims to have rented through Turo from the owner. The innocent driver of car stolen by someone else could have standing, but he doesn’t even get there. The rental couldn’t … Continue reading

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CA8: Failure to mention CI’s convictions or payments for information wasn’t material

The warrant affiant’s failure to mention the CI was paid or had convictions wasn’t material to change the outcome of the probable cause determination. With CIs, things like that can be assumed. United States v. Riaski, 2024 U.S. App. LEXIS … Continue reading

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CA8: Affiant officer’s belief that criminals brag about crimes on social media allows cell phone search in a gun case

“We conclude the affidavit adequately established probable cause that Ivey’s cell phone would contain evidence of a firearms offense. Officers found the phone in Ivey’s possession while he was located in a vehicle with a gun under his seat. The … Continue reading

Posted in Cell phones, Dog sniff, Issue preclusion, Probable cause, Social media warrants, Standing | Comments Off on CA8: Affiant officer’s belief that criminals brag about crimes on social media allows cell phone search in a gun case

E.D.N.C.: This iCloud SW not overbroad

The warrant for defendant’s iCloud account was not overbroad. Defendant essentially admitted that the information sought would be found there. United States v. Duncan, 2024 U.S. Dist. LEXIS 11090 (E.D.N.C. Jan. 22, 2024).* Defendant was in a rental vehicle, but … Continue reading

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WA: Merely holding on to DL doesn’t make stop a detention; “context matters”

“Officer Ayers’s language would have assured a reasonable person that the officer was not making a show of authority: the officer assured Mr. Taylor he was not a suspect, but wanted to ‘get [his] name just so we have that … Continue reading

Posted in Seizure, Standing, Waiver, Warrant execution | Comments Off on WA: Merely holding on to DL doesn’t make stop a detention; “context matters”

Cal.: Partial overbreadth can lead to suppression in egregious cases with flagrant constitutional violations, but this isn’t one

While partial overbreadth can lead to suppression of everything seized in an egregious case with flagrant misconduct, this isn’t one: “And as in Bradford and Kraft, we conclude that the facts here do not warrant this extreme remedy.” “According to … Continue reading

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NM: Def had standing in zippered bag in car under state constitution despite denial of ownership at trial

Defendant filed a motion to suppress the inventory search of a black zippered bag in his car. At trial, however, he denied the bag was his. He still had standing under the state constitution because of the higher expectation of … Continue reading

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N.D.Fla.: No standing against tracking a stolen cell phone

Defendant claimed a Brady violation for failure to disclose a Stingray device was used to track the victim’s cell phone in his possession. It’s not. Moreover, defendant doesn’t even have standing in a stolen cell phone. Bass v. Dixon, 2023 … Continue reading

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D.N.M.: Squatter in building labeled “unsafe” had no standing

Defendant was a squatter in a building with posted sign warning it was substandard and unsafe. He had no reasonable expectation of privacy in the premises. United States v. Guzman, 2024 U.S. Dist. LEXIS 550 (D.N.M. Jan. 2, 2024). Michael … Continue reading

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CA9: Defs had no standing in part of commercial premises searched of business they ran

Standing in commercial property, even run by defendants, is evaluated differently than in residential property, more on a case-by-case basis. Defendants make a Franks challenge to the warrant, but they fail on standing in this commercial space. United States v. … Continue reading

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CA8: Hot pursuit justified entry into bank robbery suspect’s home

Hot pursuit was shown for entry into defendant’s home after a trail of evidence led officers there. At the door they could see young children inside and someone on the stairs even though the woman answering the door insisted no … Continue reading

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NY4: No standing in search of a common basement storage area “not associated with his apartment”

Defendant showed no standing to contest a search of a common basement storage area, “not associated with his apartment.” People v. Ocasio, 2023 NY Slip Op 06623, 2023 N.Y. App. Div. LEXIS 6727 (4th Dept. Dec. 22, 2023). Even if … Continue reading

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D.P.R.: No REP of corporate officers in medical records in health care fraud case

Records were taken by a corporate whistleblower on a flash drive from a Puerto Rican health care provider. That led to a 122-count indictment for health care fraud. A motion to suppress was filed over the records. Defendants were corporate … Continue reading

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D.Haw.: Def’s use of known alias to rent property gave standing

Rental of storage unit in one of defendant’s known aliases gave him standing. United States v. Eberhart, 2023 U.S. Dist. LEXIS 222575 (D. Haw. Dec. 14, 2023). Defendant’s Franks challenge fails for lack of the proffer of good reason. Aside … Continue reading

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OH7: No standing in package with assumed names

Defendant lacked standing in a package shipped under and to assumed names, neither of which could be linked to him as a known alias. State v. Herbert, 2023-Ohio-4490, 2023 Ohio App. LEXIS 4311 (7th Dist. Dec. 11, 2023). “We think … Continue reading

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