The Second Circuit requires an affidavit of personal knowledge to establish standing to contest a search. The officer\u2019s report wasn\u2019t enough just because the officer believed that defendant\u2019s residence was the target of the search. United States v. Lewis, 2018 U.S. Dist. LEXIS 64892 (W.D. N.Y. Apr 18, 2018).*<\/p>\n
Driver unauthorized on the rental contract and the vehicle was overdue has no standing. As to the search of defendant\u2019s residence, the court exercises its discretion to consider the good faith exception instead of probable cause. Because the search warrant affidavit isn\u2019t \u201cbare bones,\u201d the good faith exception applies. United States v. Miller, 2018 U.S. Dist. LEXIS 65214 (D. S.C. Apr. 18, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The Second Circuit requires an affidavit of personal knowledge to establish standing to contest a search. The officer\u2019s report wasn\u2019t enough just because the officer believed that defendant\u2019s residence was the target of the search. United States v. Lewis, 2018 … Continue reading