{"id":32084,"date":"2018-03-05T08:35:13","date_gmt":"2018-03-05T13:35:13","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32084"},"modified":"2018-03-05T08:35:13","modified_gmt":"2018-03-05T13:35:13","slug":"ga-def-failed-to-show-standing-in-apt-he-was-arrested-in-in-early-morning-hours","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=32084","title":{"rendered":"GA: Def failed to show standing in apt he was arrested in in early morning hours"},"content":{"rendered":"

Being arrested in an apartment that\u2019s not yours doesn\u2019t confer standing without some proof of a relationship to the property. The evidence at the suppression hearing did not address defendant’s status relative to the apartment; i.e., whether he was the primary tenant, a co-tenant, an overnight visitor, merely present with the tenant’s consent, or even an uninvited trespasser. Defendant did not meet his threshold burden of demonstrating a legitimate expectation of privacy in the apartment, for example, by demonstrating that he was an overnight guest at the apartment. Grant of suppression motion reversed. State v. Wright<\/a>, 2018 Ga. App. LEXIS 154 (Mar. 2, 2018).<\/p>\n

\u201cAll four factors support a finding that the affidavit was not stale. The Magistrate Judge correctly concluded that the lack of direct evidence of continuous involvement with child pornography between October 2015 [when it was discovered] and September 2016 [when search warrant issued] did not make the information in the affidavit stale.\u201d United States v. Williams, 2018 U.S. Dist. LEXIS 34093 (W.D. Tenn. Mar. 2, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Being arrested in an apartment that\u2019s not yours doesn\u2019t confer standing without some proof of a relationship to the property. The evidence at the suppression hearing did not address defendant’s status relative to the apartment; i.e., whether he was the … 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":[8,34],"tags":[],"class_list":["post-32084","post","type-post","status-publish","format-standard","hentry","category-staleness","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32084","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=32084"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32084\/revisions"}],"predecessor-version":[{"id":32085,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32084\/revisions\/32085"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32084"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32084"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32084"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}