Daily Archives: March 22, 2022

E.D.Wash.: Tribal membership confers no standing; Art. III standing isn’t 4A standing

Tribal membership confers no standing. “Article III standing is not Fourth Amendment standing, and Defendants’ argument that the Confederated Tribes [and Bands of Yakima Nation v. Yakima County, 963 F.3d 982 (9th Cir. 2020)] decision, by negative implication, means that … Continue reading

Posted in Abandonment, Reasonable suspicion, Standing | Comments Off on E.D.Wash.: Tribal membership confers no standing; Art. III standing isn’t 4A standing

Not being candid about the SW or affidavit in the motion to suppress isn’t good for the defense

“Moreover, even if Defendant is correct that SAPD lacked probable cause to search his vehicle, a motion to suppress is unlikely to succeed. Defendant focuses on one paragraph of the search warrant affidavits and ignores the other four paragraphs detailing … Continue reading

Posted in Burden of pleading | Comments Off on Not being candid about the SW or affidavit in the motion to suppress isn’t good for the defense

CA8: SW not needed for parked car just driven there

A dog alert on a parked Yukon did not require a search warrant before the search. It was parked on the property of a storage facility, and it was just driven to that spot while officers were getting a warrant … Continue reading

Posted in Informant hearsay, Particularity | Comments Off on CA8: SW not needed for parked car just driven there