Defendant had standing in the homeowner\u2019s house where he\u2019d been invited in by the daughter and spent the night many times. The protective sweep here was objectively reasonable. United States v. Nelson, 2016 U.S. Dist. LEXIS 28209 (D.Kan. March 3, 2016).<\/p>\n
Defendant was stopped for speeding 15 miles after exiting I-70 to avoid a Missouri ruse checkpoint. Reasonable suspicion developed. The question on appeal was not the reasonable suspicion but constructive possession of what was inside the car. State v. Zetina-Torres<\/a>, 2016 Mo. LEXIS 42 (March 1, 2016).*<\/p>\n It was doubtful that defendant had standing in a garage of a friend where he stored boxes without his friend\u2019s permission. Conceding standing, one officer\u2019s statement to another to make sure defendant didn\u2019t get access to the boxes was not a seizure because defendant didn\u2019t try to access them. In sum, they were abandoned by defendant. Ultimately there was probable cause for a search warrant for the boxes, and the good faith exception would also apply. United States v. Stewart, 2016 U.S. Dist. LEXIS 26619 (N.D.Ga. Feb. 5, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":" Defendant had standing in the homeowner\u2019s house where he\u2019d been invited in by the daughter and spent the night many times. The protective sweep here was objectively reasonable. United States v. Nelson, 2016 U.S. Dist. LEXIS 28209 (D.Kan. March 3, … Continue reading