E.D.N.C.: Defense standing argument contradicted claim officers had no PC to believe he was present at time of entry to find him

Defendant’s argument that he “frequently stayed” in the apartment searched contradicted his argument that officers lacked probable cause to believe he was there. Besides, officers also got consent to enter. United States v. Hancock, 2010 U.S. Dist. LEXIS 140958 (E.D. N.C. December 9, 2010):

Assuming arguendo that he has standing to challenge the search, Defendant’s contention that the officers lacked probable cause to believe he was inside the apartment directly contradicts his assertion that he “frequently stayed at [Ms. Ware’s] apartment.” [DE-25, p.2 n.1]. Defendant’s position is untenable. In order to have standing to challenge the search, Defendant must show he had an expectation of privacy in Ms. Ware’s apartment. Minnesota, 525 U.S. at 88; Bonner, 81 F.3d at 475. If indeed he “frequently stayed” at Ms. Ware’s apartment, as he maintains, the officers attempting to effect the arrest warrant would have had exceedingly reasonable grounds to believe Defendant was at Ms. Ware’s apartment. Defendant cannot have his cake and eat it, too.