Category Archives: Standing

S.D.N.Y.: SW affidavit differs from crime in indictment such that court grants Franks hearing

Because the affidavit for search warrant differs so much from the ultimate crime defendants were charged with, defendant at least gets a Franks hearing. There’s some suggestion of materiality, but that’s not decided yet. United States v. Peraire-Bueno, 2025 U.S. … Continue reading

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CA6: Ptf’s § 1983 case over his traffic stop and tickets barred by Younger

Plaintiff was ticketed by officers of the Kirkland PD, one for having a fictitious license plate, and he sued in federal court claiming Fourth Amendment and right to travel violations and the city had no jurisdiction over him. Younger bars … Continue reading

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E.D.Pa.: A prison inmate has no standing in his cell

Correctional officers found 20 cell phones in defendant’s cell. He has no standing in his cell. As to the cell phone searches, even if he had standing, the warrants were not overbroad. United States v. Nasir, 2025 U.S. Dist. LEXIS … Continue reading

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TX3: It was a fair inference for PC that evidence of def’s social media posts were on his phone

Defendant was a suspect in a driveby shooting. Because defendant’s social media showed firearms, it was a fair inference that evidence of the offense or the social media posts would be on his phone. Therefore, there was probable cause for … Continue reading

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CA9: Motel owner can’t assert guests’ rights

“Plaintiffs’ Fourth Amendment claim fails because Plaintiffs cannot assert the rights of the Motel’s guests, Plumhoff v. Rickard, 572 U.S. 765, 778 (2014), and police entry into the Motel’s public areas does not constitute a search under the Fourth Amendment, … Continue reading

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S.D.N.Y.: Just because a cell phone was found in def’s car doesn’t mean he has standing to challenge its search

Defendant didn’t show standing to challenge the search of a cell phone found in his car that wasn’t his. United States v. Pulliam, 2025 U.S. Dist. LEXIS 64356 (S.D.N.Y. Mar. 31, 2025). A search warrant for a Jan. 6th defendant … Continue reading

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D.Alaska: Motions in limine aren’t motions to suppress

Defendant filed a motion in limine in lieu of a motion to suppress which was otherwise out of time. A motion in limine isn’t a substitute for a motion to suppress. Nevertheless, the court goes to the merits of the … Continue reading

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S.D.N.Y.:The fact that the Government intends to prove that the property belongs to Defendant does not establish standing

“The fact that the Government intends to prove that the property belongs to Defendant does not establish standing. See, United States v. Watson, 404 F.3d 163, 166 (2d Cir. 2005) (‘[D]efendant could not challenge the search of a residence merely … Continue reading

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E.D.Pa.: Overnight guest had standing in the house but not the backyard

An overnight guest had standing in the house but not the backyard. United States v. Halley, 2025 U.S. Dist. LEXIS 53342 (E.D. Pa. Mar. 24, 2025). Even if there was a false statement in the affidavit for search warrant, it … Continue reading

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S.D.W.Va.: Def’s agreement to let police see his firearm isn’t implied consent to enter his house

Defendant’s agreement to let police see his firearm isn’t implied consent to enter his house. United States v. Arthur, 2025 U.S. Dist. LEXIS 51621 (S.D. W. Va. Mar. 20, 2025). Defendant failed to plead standing in his motion to suppress … Continue reading

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CA3: Apartment visitor to conduct drug deal has no standing

An apartment visitor to conduct a drug deal has no standing to contest a search that happened while he was there. United States v. Loyal, 2025 U.S. App. LEXIS 5853 (3d Cir. Mar. 13, 2025). By collective knowledge, there was … Continue reading

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WA: There was an objective basis for this stop even if with pretext

There was an objective basis for defendant’s stop, even if the officer had subjective motives. State v. Olson, 2025 Wash. App. LEXIS 423 (Mar. 11, 2025).* Defendant was in prison for about 20 years and there were phone calls between … Continue reading

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CA9: State officers can consider federal crimes in assessing PC

The district court erred three ways in this case: The potential of a federal crime could be considered by the officer in determining probable cause. There was reasonable suspicion to prolong the stop. The automobile exception applied. United States v. … Continue reading

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CA6: Nexus to home based on controlled buys doesn’t require constant visual surveillance

Controlled buys that included trips to defendant’s house was nexus. “Regardless of whether Sims was constantly within the detectives’ view, the affidavit establishes that for each controlled buy, Sims went straight to the buy location from the residence and returned … Continue reading

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CA2: 50 days of pole camera surveillance outside a business wasn’t unreasonable search

A pole camera outside defendant’s business for 50 days was not an unreasonable search. United States v. Harry, 2025 U.S. App. LEXIS 5329 (2d Cir. Mar. 7, 2025). Defendant was improperly denied a hearing. The codefendant had a suppression hearing … Continue reading

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CA6: Franks argument subsumed within PC argument is treated as waived

Defendant’s Franks argument was skeletal and subsumed within his lack of probable cause argument. It is treated as waived. “And we consider arguments forfeited where ‘[i]ssues [are] adverted to in a perfunctory manner, unaccompanied by some effort at developed argumentation.’” … Continue reading

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W.D.Tex.: Body camera shows stop was unreasonably prolonged

“After considering all evidence in context, including Officer Gonzalez’s testimony, her body camera video, and the rest of the record, the Court concludes that she unlawfully prolonged the traffic stop. Even when considering her experience and all facts from an … Continue reading

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TX14: Def’s furtive movements with cell phone can justify exigency to seize it

Defendant’s furtive movements supported exigency that he could attempt to erase things on his cell phone thus justifying its warrantless seizure. Igboji v. State, 2025 Tex. App. LEXIS 1021 (Tex. App. – Houston (14th Dist.) Feb. 20, 2025) (unpublished), on … Continue reading

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W.D.Ky.: Police battering ram to door and shots fired inside is a seizure

In the Brianna Taylor civil rights prosecution, the battering ram to the door of the apartment with shots being fired was a seizure of the occupants. United States v. Hankison, 2025 U.S. Dist. LEXIS 29347 (W.D. Ky. Feb. 19, 2025).* … Continue reading

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S.D.N.Y.: Sublessee of apartment had standing

Sublessee of an apartment had standing to challenge its search. This can’t be compared to burglars or squatters. United States v. Ephron, 2025 U.S. Dist. LEXIS 28794 (S.D.N.Y. Feb. 18, 2025). Defendant wasn’t seized during his encounter with the police … Continue reading

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