Defendant regularly stayed with his grandmother until a few weeks before the search, and by the time of search it was more intermittent. Still, he had standing in her house because he had clothes there and still stayed there. He put a cell phone in his daughter\u2019s backpack so she could play on it, and he had standing in the phone in her backpack. \u201cIt is reasonable for a person to believe that others will not search his infant daughter’s bag.\u201d United States v. Musgraves, 2017 U.S. Dist. LEXIS 208144 (D.Kan. Dec. 19, 2017).<\/p>\n
The officer had reasonable suspicion to stop defendant, but he did not have probable cause to arrest or to search defendant\u2019s car under the automobile exception. And, the inventory is also unreasonable. United States v. Anguiano, 2017 U.S. Dist. LEXIS 208326 (D. Minn. Dec. 19, 2017).*<\/p>\n
Defendant\u2019s 2255 is based on his search issue that was ruled against him on the motion to suppress, but then he pled guilty. The guilty plea waived the motion to suppress. United States v. Davis, 2017 U.S. Dist. LEXIS 207069 (D. Alaska Dec. 18, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant regularly stayed with his grandmother until a few weeks before the search, and by the time of search it was more intermittent. Still, he had standing in her house because he had clothes there and still stayed there. He … Continue reading