Category Archives: Standing

LA4: CI’s success rate not important when CI corroborated by controlled buy

The affidavit for the warrant here did, in fact, show probable cause and nexus from the informant’s reports corroborated by observations of the officers. The lack of a success rate by the CI wasn’t as important when he was corroborated … Continue reading

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UT: Being hospitalized having been shot by police isn’t “custody” for Miranda purposes

A person hospitalized after having been shot by the police is not per se “in custody” for Miranda purposes. The reason for the shooting was the safety of the officers and others, not custody. Tennessee v. Garner isn’t even close, … Continue reading

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D.S.D.: Casual visitor who was not an overnight guest lacked standing

Defendant was not an overnight guest and was a casual visitor to the premises who lacked standing [heavily relying on a pre-Carter case of mine from 1985 where there was no standing]. United States v. Quigley, 2023 U.S. Dist. LEXIS … Continue reading

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TN: No IAC to distance def from property of another and claim no standing

Defense counsel wasn’t ineffective for not filing a motion to suppress property that wasn’t his but where he spent time. The trial strategy was to distance defendant from the property, and asserting a reasonable expectation of privacy in the property … Continue reading

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GA: SW for things that were not controlled substances entitles target to return of the property

The search warrant here was for delta-8,9,10-THC but 8 and 10 are not controlled substances. Lacking probable cause for them, the search target is entitled to return of its property. Elements Distribution v. State, 2023 Ga. App. LEXIS 535 (Nov. … Continue reading

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D.Minn.: Non-authorized driver of rental car four hours late to return had no standing

Defendant was stopped driving a rental car four hours after the rental expired and he was not an authorized driver. He doesn’t show standing. United States v. Maiden, 2023 U.S. Dist. LEXIS 192555 (D. Minn. Sep. 5, 2023), adopted 2023 … Continue reading

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N.D.Ind.: Def put drugs in a confederate’s car, and he had no standing despite being the target of the search

Defendant put drugs in bags in the car of a confederate in the crime. When the car was searched, he didn’t have standing, even though he was admittedly the target of the search and not in possession. United States v. … Continue reading

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TN: Trial court erred in deciding no standing where state didn’t argue that

The trial court decided the suppression issue on lack of standing when the state conceded standing and argued the merits of the search. Reversed for another suppression hearing. State v. Richards, 2023 Tenn. Crim. App. LEXIS 430 (Oct. 23, 2023). … Continue reading

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CA9: Passenger has standing to challenge reasonableness of length of stop

Defendant passenger had standing to challenge the length of the stop because it was his detention, too. There was, however, reasonable suspicion for that. United States v. Alvarez, 2023 U.S. App. LEXIS 26980 (9th Cir. Oct. 10, 2023). “Stiff failed … Continue reading

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CA8: Continuation of arrest after the officer learned it was unjustified denied the officer QI

Continuation of plaintiff’s arrest after the officer learned it was unjustified denied the officer qualified immunity. “Even if we concluded Officer Holtan made a reasonable mistake about probable cause when he first tackled Nieters to the ground, Nieters immediately informed … Continue reading

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W.D.N.Y.: Parolee had standing in place searched despite his reduced REP

The R&R determined that defendant parolee had no reasonable expectation of privacy in the place searched because of his parole status alone. The District Judge disagrees, finds enough standing to contest the search, and remands to the USMJ to decide … Continue reading

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CA6: Smell of MJ on student’s person justified school search

The smell of marijuana on a student’s person justified a school search, and here it was their backpack then pockets. Stanford v. Northmont City Sch. Dist., 2023 U.S. App. LEXIS 26336 (6th Cir. Oct. 2, 2023). This § 1983 plaintiff … Continue reading

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DE: No standing in another’s cell phone

There’s no reasonable expectation of privacy or standing in someone else’s cell phone. State v. Hunt, 2023 Del. Super. LEXIS 775 (Sep. 19, 2023).* Defendant was mistaken that GX48 for trial was the product of a search warrant. It wasn’t. … Continue reading

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OH8: Street gambling doesn’t justify frisk for weapons

15-20 men standing around gambling did not justify a frisk for weapons. State v. Parrish, 2023-Ohio-3356, 2023 Ohio App. LEXIS 3266 (8th Dist. Sep. 21, 2023). The search issue raised after trial and waived pretrial does not show manifest injustice. … Continue reading

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S.D.Ga.: Geofence warrant based on 16 SWs showed PC and GFE

(1) Defendant lacks standing to challenge a geofence warrant to the cell phone accounts held by others. The affidavits for 16 warrants all showed probable cause. The possibility of a different standing for probable cause for novel surveillance is rejected. … Continue reading

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D.Nev.: Ability to manage day-to-day operations doesn’t give standing over whole business space

(1) “Accordingly, although Defendant had the discretion to manage the day-to-day operation of LLB, the Court finds he did not actually manage the day-to-day operations of the business.” “In this context, ownership of premises alone does not automatically confer standing. … Continue reading

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S.D.N.Y.: Employee has no standing in office common area

Under Mancusi v. Deforte, an employee has no standing in the open area of the office where he or she works, as opposed to one’s private office. United States v. Johnson, 2023 U.S. Dist. LEXIS 154559 (S.D.N.Y. Aug. 31, 2023). … Continue reading

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OH1: Automobile exception does not apply to a purse removed from vehicle before PC developed

“In this appeal, we are asked to consider the narrow application of the automobile exception to the Fourth Amendment’s warrant requirement: whether officers may, in the course of a car search, search a container held roughly 25 feet away from … Continue reading

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CA3: Def’s possession of rental car with renter’s permission gave standing

“Christopher Montalvo-Flores moved to suppress evidence the Government obtained in its search of his girlfriend’s rental car. The District Court denied his motion, holding that he failed to show he had a reasonable expectation of privacy in that vehicle. We … Continue reading

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CA6: Absconding parolee on electronic monitoring had no standing against using OnStar to find him

“Although the Supreme Court has expressly declined to hold that a parolee categorically has no expectation of privacy in any context, … Lenhart, as a parolee who was subject to electronic monitoring as a condition of his parole, had no … Continue reading

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