{"id":21338,"date":"2016-03-20T13:56:26","date_gmt":"2016-03-20T18:56:26","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=21338"},"modified":"2016-03-20T13:56:26","modified_gmt":"2016-03-20T18:56:26","slug":"tx1-def-carries-burden-of-proof-on-standing-a-mere-footnote-in-a-motion-to-suppress-wasnt-enough","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=21338","title":{"rendered":"TX1: Def carries burden of proof on standing; a mere footnote in a motion to suppress wasn’t enough"},"content":{"rendered":"

As a passenger, defendant had no reasonable expectation of privacy in computers found in the car because he did not attempt to prove they were his. The motion to suppress said they were his but he put on no proof. Minassian v. State<\/a>, 2016 Tex. App. LEXIS 2814 (Tex. App. \u2013 Houston (1st Dist.) March 17, 2016):
\n<\/p>\n

In the trial court, Minassian asserted in a footnote to his motion to suppress that the computers “were both personal computers, with personal information, under his control.” But Minassian did not introduce any evidence in support of this allegation at the suppression hearing. Nor is there any evidence of ownership of the laptops elsewhere in the record. The argument of counsel, as opposed to evidence, is not enough to show standing. Handy, 189 S.W.3d at 299; Calloway, 743 S.W.2d at 650. The fact that Minassian was seated near one laptop is not proof of ownership without evidence linking him to it. Rawlings, 448 U.S. at 100-06, 100 S. Ct. at 2559-62.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

As a passenger, defendant had no reasonable expectation of privacy in computers found in the car because he did not attempt to prove they were his. The motion to suppress said they were his but he put on no proof. … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[66,34],"tags":[],"class_list":["post-21338","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21338","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=21338"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21338\/revisions"}],"predecessor-version":[{"id":21339,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/21338\/revisions\/21339"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=21338"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=21338"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=21338"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}