Category Archives: Standing

N.D.Ill.: Sender of package whose name wasn’t on it had standing

Defendant who orchestrated delivery of a package whose name wasn’t on it as sender or recipient had standing in the package. United States v. Williams, 2021 U.S. Dist. LEXIS 88747 (N.D. Ill. May 10, 2021):

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WY: Where the stop exceeds its purpose and becomes unreasonable, the fact it’s de minimus doesn’t make it reasonable

Where the stop exceeded reasonableness, the district court’s finding it was de minimus was error. It was less than the time for the dog sniff, but the dog had time to arrive. Mahaffy v. State, 2021 Wyo. LEXIS 71 (May … Continue reading

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CA2: Failure to promptly return property lawfully seized isn’t separate 4A claim

Where firearms were lawfully seized, there isn’t a separate Fourth Amendment claim for failure to promptly return them. Bello v. Rockland Cty., 2021 U.S. App. LEXIS 13281 (2d Cir. May 5, 2021). Probable cause is required for administrative subpoenas under … Continue reading

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DE: Def had no standing to complain where govt actor entered neighbor’s property to look at his

Plaintiff had no standing to challenge a government actor’s entry into his neighbor’s property to look at his. McCafferty v. New Castle County Bd. of License, 2021 Del. Super. LEXIS 343 (Apr. 26, 2021). No matter how the court views … Continue reading

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OH4: Criminal investigation’s SW production was admissible in child dependency proceeding

A search warrant produced drug evidence admissible in a dependency and neglect proceeding, and that supported the finding. In re J.M., 2021-Ohio-1415, 2021 Ohio App. LEXIS 1376 (4th Dist. Apr. 19, 2021). Defendant’s son “posted a video on the internet” … Continue reading

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KS: Paying for a car you don’t own doesn’t give standing

Just because defendant paid for the car he was a passenger in, it wasn’t his. He lacked standing in the car. State v. Scheuerman, 2021 Kan. App. LEXIS 15 (Apr. 16, 2021). 2255 petitioner’s claim the video to his surveillance … Continue reading

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W.D.Pa.: Def can show standing from govt’s papers, including affidavit for SW, and its case at suppression hearing

The defendant has the burden of showing standing, if raised, but he doesn’t have to testify to do it. The affidavit for the warrant here said the place to be searched was defendant’s and that’s enough. Other cases in this … Continue reading

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D.Mont.: Particularity for the property to be searched was shown

Defendant showed standing on the totality to challenge the search of the property where he rented a room. Particularity was shown for the place to be searched. United States v. Dolphay, 2021 U.S. Dist. LEXIS 66415 (D. Mont. Apr. 6, … Continue reading

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E.D.Mich.: No possessory interest in UM property ptf had for access to buildings

Plaintiff did not have a sufficient possessory interest in property of the University of Michigan that he’d been entrusted with. It belonged to the University who could recapture it. Hoeltzel v. Pillsbury, 2021 U.S. Dist. LEXIS 62371 (E.D. Mich. Feb. … Continue reading

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DE: Wiretap info in affidavit for SW showed nexus to cell phone

The affidavit showed probable cause for the search warrant, and nexus to his cell phone and the crime under investigation is shown in a wiretap. Anderson v. State, 2021 Del. LEXIS 121 (Mar. 30, 2021).* Defendant did not show a … Continue reading

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W.D.Va.: Def’s supervised release terms informed his lack of standing in someone else’s place

Defendant’s supervised release terms helped determine his lack of standing in the place searched. “Under the totality of these circumstances, the court finds that Howard does not have standing to contest the search of Morris’s home and the subsequent seizure … Continue reading

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NY4: Did def’s PC argument suggest a lack of standing?

Defendant’s framing of his probable cause issue here would seem to lead to his lack of standing. Here, his claim was the lack of probable cause for the search of the phone because it wasn’t his. But, isn’t that a … Continue reading

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CT: Defense counsel not ineffective for not calling def as witness at suppression hearing

Defense counsel was not ineffective for not calling defendant to testify at the suppression hearing to avoid potential further admissions of guilt [What about Simmons v. United States and its “immunity”?], and defense counsel was confident standing was shown. Moreover, … Continue reading

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CA5: District court’s failure to credit def’s claim of possessory interest in car is affirmed

Defendant was a passenger in a car in which he claimed he had a possessory interest because it belonged to his domestic partner and he claimed to have paid $2000 toward the car. The district court didn’t credit that testimony … Continue reading

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FL2: There was suspicion for the stop, but it wasn’t reasonable suspicion

There may have been suspicion for defendant’s stop, but it wasn’t reasonable suspicion. He was potentially dumpster driving at a closed business at night, and he left when he saw the police officer. Vonlydick v. State, 2021 Fla. App. LEXIS … Continue reading

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VA: RS for a frisk of def just gotten out of car also justified frisk of his car, too, when frisk of person came up empty

Brandishing a gun at another was reasonable suspicion for a stop and frisk of a defendant and then the car. “After the officers found no firearm as a result of their pat down of the appellant’s person, this fact served … Continue reading

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TX14: No REP in a driveway def pulled into apparently hoping to ditch following police

Defendant’s red Ford Expedition was seen leaving an armed robbery, and the police were looking for it, finding it driving on the street. They followed, and it pulled into a driveway. Defendant shows no reasonable expectation of privacy in the … Continue reading

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W.D.Mo.: No co-conspirator standing in GPS cell phone tracking

One co-conspirator has no standing in GPS tracking of his co-conspirator’s cell phone. The officers also had probable cause to search their car based on: knowledge they were cell phone store burglars, a Snapchat video with defendants having numerous cell … Continue reading

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NY: Denial of ownership of a key fob found under def at his arrest is abandonment of the car

Defendant could be detained during the search of his house under a warrant. When he got up off the floor, there was a key fob underneath him, and he denied it was his. The officers used the panic button to … Continue reading

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CA3: Crashing a fleeing car here wasn’t excessive force

Crashing a fleeing car here wasn’t unreasonable as excessive force. “Here, we agree with the District Court’s determination that no reasonable juror could find that the force used by Officer Biagini was excessive. It is beyond dispute that, in the … Continue reading

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