Guest standing found where defendant stayed about four nights a week and kept stuff there

A co-defendant in a drug search case had standing where he kept stuff in the premises and he stayed there about four nights a week. Although he did not have a key, he pretty much was able to come and go as he pleased. He kept a car and phone there, and he used the washing machine. United States v. Lafaele, 2006 U.S. Dist. LEIS 72877 (D. Haw. October 5, 2006).

Officers had an anticipatory warrant, but the triggering condition was unconstitutional: use of a beeper inside that went off when the package was opened. Id.

The affidavit for the search warrant and descriptions relayed by the affiant to officers at the scene reasonably assured that only the correct premises would be searched and, thus, was not unconstitutional. Parker v. Henderson County, 450 F. Supp. 2d 842 (W.D. Tenn. October 5, 2006):

In this case, the warrant gave detailed directions from the police department to the Plaintiff’s trailer. The Plaintiff has offered no evidence to dispute that the language of the search warrant did not, other than the address, accurately set forth the directions to the trailer in which he lived. He also does not dispute that he resided in the mobile home approached by the officers and at which he was arrested. Moreover, James, the affiant, was involved in the execution of the search warrant and personally gave Defendant David Stanhope verbal directions on how to locate the trailer to be searched. Based on these facts, there was no reasonable probability that some other premises may have been mistakenly searched. Accordingly, the Court finds that no Fourth Amendment violation occurred. See Johnson v. Wolgemuth, 257 F.Supp.2d 1013, 1036 (S.D. Ohio 2003) (reiterating that “where a description of the house to be searched is given, specific reference is made to the house’s occupant, and the warrant is executed by an officer already familiar with the location, due to prior surveillance, inaccuracies in the description of the street address will not render a warrant unconstitutional,” citing Pelayo-Landero). As the Court finds that the officers’ conduct concerning the search warrant did not violate a constitutional right, summary judgment on the grounds of qualified immunity is appropriate. See Saucier, 533 U.S. at 200-01 (setting forth elements necessary for finding of qualified immunity). The motion is therefore GRANTED.