Category Archives: Standing

W.D.Mo.: Def didn’t show he was driving overdue rented car with anyone’s permission

Defendant had no standing in the rented car he was driving. It was rented by another person, and it had not been timely returned. He didn’t show that he was driving with anyone’s permission. United States v. Manning, 2024 U.S. … Continue reading

Posted in Abandonment, Informant hearsay, Plain view, feel, smell, Probable cause, Standing | Comments Off on W.D.Mo.: Def didn’t show he was driving overdue rented car with anyone’s permission

CA8: It was not clearly established at the time that a dog bite is a 4A seizure

“After an on-duty police K9 bit Officer Daniel Irish while they both pursued a suspect, he sued the K9’s handler, Deputy Keith McNamara, under 42 U.S.C. § 1983 for violating his Fourth Amendment right to be free from excessive force … Continue reading

Posted in Consent, Franks doctrine, Seizure, Standing | Comments Off on CA8: It was not clearly established at the time that a dog bite is a 4A seizure

N.D.Cal.: No standing in ALPR info of car def didn’t drive

Defendant’s motion to suppress automated license plate reader (ALPR) data on the family car that he didn’t drive is denied for lack of standing. Also, the holder of the information was a third-party contractor. United States v. Butler, 2024 U.S. … Continue reading

Posted in Issue preclusion, Reasonable expectation of privacy, Standing, Surveillance technology, Unreasonable application / § 2254(d) | Comments Off on N.D.Cal.: No standing in ALPR info of car def didn’t drive

D.Mass.: Passenger putting something under the seat shows no REP

A passenger putting something under the seat when in a car manifests no reasonable expectation of privacy and thus no standing. United States v. Dunnell, 2024 U.S. Dist. LEXIS 124927 (D. Mass. July 16, 2024). (Apparently one needs to keep … Continue reading

Posted in Reasonable expectation of privacy, Seizure, Standing | Comments Off on D.Mass.: Passenger putting something under the seat shows no REP

CA11: No co-conspirator standing in two cars

Here there were two vehicles stopped. Defendant was a passenger in one, and he had no standing in either merely being a co-conspirator to a drug operation. United States v. Lewis, 2024 U.S. App. LEXIS 16803 (11th Cir. July 10, … Continue reading

Posted in Border search, Reasonable suspicion, Standing | Comments Off on CA11: No co-conspirator standing in two cars

IN: No standing to challenge arrest of another person

Defendant had no standing to contest the arrest of another person that led to his arrest under either the Fourth Amendment or the state constitution. Zuniga v. State, 2024 Ind. App. LEXIS 196 (July 8, 2024). “Next, Windham says that … Continue reading

Posted in Arrest or entry on arrest, Immigration arrests, Ineffective assistance, Standing | Comments Off on IN: No standing to challenge arrest of another person

D.Kan.: Driving another person’s car some other times doesn’t give standing

Merely driving another person’s car some doesn’t give standing. “Defendant (like the defendants in Rakas) has neither a property nor possessory interest in the vehicle and thus lacks standing to challenge the search of it. He did not have a … Continue reading

Posted in Excessive force, Standing | Comments Off on D.Kan.: Driving another person’s car some other times doesn’t give standing

S.D.Ga.: State knock-and-announce statute, if it applies at all, doesn’t confer standing on an alleged guest

Plaintiff said she was an overnight guest at the house searched and thus had standing, except that was never proved. “None of those facts are present here, as there is no record evidence showing that James had personal belongings in … Continue reading

Posted in Burden of proof, Exclusionary rule, Knock and announce, Reasonable suspicion, Standing | Comments Off on S.D.Ga.: State knock-and-announce statute, if it applies at all, doesn’t confer standing on an alleged guest

CA9: 4A claim of manufactured PC is a new form of Bivens claim and is barred

Plaintiff’s complaint against DHS that agents fabricated probable cause to have him prosecuted is a new form of claim Bivens will not recognize. Sheikh v. U.S. Dep’t of Homeland Sec., 2024 U.S. App. LEXIS 16441 (9th Cir. July 5, 2024). … Continue reading

Posted in § 1983 / Bivens, Computer and cloud searches, Informant hearsay, Standing | Comments Off on CA9: 4A claim of manufactured PC is a new form of Bivens claim and is barred

CA4: Officers with arrest warrant for def could enter yard of property they knew he was visiting to arrest him; plain view sustained

Defendant was a social visitor, not a business visitor, and his standing is more like Olson than Carter. The district court erred in finding no standing. On the merits, however, he loses on a ground fully litigated but not decided … Continue reading

Posted in Arrest or entry on arrest, Neutral and detached magistrate, Plain view, feel, smell, Standing, Warrant papers | Comments Off on CA4: Officers with arrest warrant for def could enter yard of property they knew he was visiting to arrest him; plain view sustained

D.Mass.: Owner of vehicle not in it can’t challenge stop, but he can the inventory which was unreasonable

The owner of a vehicle who was not driving or in it when it was stopped has no standing to challenge the stop as opposed to an inventory search. “After considering, as it must, ‘all the facts and circumstances’ of … Continue reading

Posted in Excessive force, Inventory, Qualified immunity, Standing | Comments Off on D.Mass.: Owner of vehicle not in it can’t challenge stop, but he can the inventory which was unreasonable

MT: State investigative subpoena for medical records requires showing of PC

An investigative subpoena for protected medical records must be based on probable cause. Here, there was objective facts in addition to defendant’s DUI prior that showed probable cause. State v. Hesser, 2024 MT 134, 2024 Mont. LEXIS 686 (June 25, … Continue reading

Posted in Apparent authority, Standing, Subpoenas / Nat'l Security Letters | Comments Off on MT: State investigative subpoena for medical records requires showing of PC

N.D.Ga.: Questions about drugs without RS unreasonably extended stop

The officer’s questions about drugs during the mission of a routine traffic stop unreasonably extended the stop, and the dog sniff is suppressed. United States v. Chavez, 2024 U.S. Dist. LEXIS 110229 (N.D. Ga. June 3, 2024). Defendant rented an … Continue reading

Posted in Arrest or entry on arrest, Dog sniff, Ineffective assistance, Standing | Comments Off on N.D.Ga.: Questions about drugs without RS unreasonably extended stop

W.D.Ky.: State law alleged defects in warrant process not applicable in federal court without showing why suppression is an appropriate remedy

A state search warrant was used to prosecute in federal court. Defendant raised numerous state law defects to the warrant that did not constitute Fourth Amendment violations. “Even if these warrants were procedurally deficient under state law, Gray has supplied … Continue reading

Posted in Cell phones, Dog sniff, Exclusionary rule, Reasonableness, Standing | Comments Off on W.D.Ky.: State law alleged defects in warrant process not applicable in federal court without showing why suppression is an appropriate remedy

CA7: Manual border search of cell phone revealing CP was reasonable

Manual border search of defendant’s cell phone was reasonable and revealed child pornography, and that justification for a more intensive search. United States v. Mendez, 2024 U.S. App. LEXIS 14058 (7th Cir. June 10, 2024). Defendant rented his hotel room, … Continue reading

Posted in Border search, Community caretaking function, Emergency / exigency, Standing | Comments Off on CA7: Manual border search of cell phone revealing CP was reasonable

Two on standing in a rental car

“We find that Guice was, like the driver in Byrd, a driver in lawful possession or control of a rental car and the mere fact that she had retained the vehicle beyond the rental return date does not defeat her … Continue reading

Posted in Burden of proof, Standing | Comments Off on Two on standing in a rental car

DC: Accepting a law license is consent to trust account subpoenas

Being a lawyer with a trust account, lawyer’s consent to subpoenas for their trust account. The lawyer’s argument that it’s an unreasonable search is frivolous. In re Doman, 2024 D.C. App. LEXIS 191 (May 16, 2024). Defendant didn’t show standing … Continue reading

Posted in Administrative search, Consent, Franks doctrine, Social media warrants, Standing | Comments Off on DC: Accepting a law license is consent to trust account subpoenas

LA5: No standing to challenge search of shooting victim’s cell phone in def’s possession

Defendant lacked standing to challenge the search of his shooting victim’s cell phone. Also, by statute the search of the phone more than 10 days after seizure was reasonable. State v. Lowry, 2024 La. App. LEXIS 804 (La. App. 5 … Continue reading

Posted in § 1983 / Bivens, Cell phones, Franks doctrine, Probable cause, Standing, Warrant execution | Comments Off on LA5: No standing to challenge search of shooting victim’s cell phone in def’s possession

100 years ago today, abandonment, open fields, and maybe even standing in another’s land was decided

Hester v. United States, 265 U.S. 57, 58-59, 44 S. Ct. 445, 68 L. Ed. 2d 898 (1924): The officers had no warrant for search or arrest, and it is contended that this made their evidence inadmissible, it being assumed, on the … Continue reading

Posted in Abandonment, Open fields, Standing | Comments Off on 100 years ago today, abandonment, open fields, and maybe even standing in another’s land was decided

M.D.Pa.: Def was neither shipper nor recipient of USPS parcel, so he had no standing in it

Defendant was neither the shipper nor recipient of a USPS parcel with drugs in it, opened six weeks after it was unclaimed. He had no standing in it. United States v. Bell, 2024 U.S. Dist. LEXIS 78182 (M.D. Pa. Apr. … Continue reading

Posted in Good faith exception, Inventory, Mail and packages, Search incident, Standing | Comments Off on M.D.Pa.: Def was neither shipper nor recipient of USPS parcel, so he had no standing in it