{"id":34231,"date":"2018-08-12T13:18:45","date_gmt":"2018-08-12T18:18:45","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=34231"},"modified":"2018-08-12T13:18:45","modified_gmt":"2018-08-12T18:18:45","slug":"ca3-the-govts-mere-attribution-of-a-cell-phone-to-def-doesnt-give-him-standing","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=34231","title":{"rendered":"CA3: The govt&#8217;s mere attribution of a cell phone to def doesn&#8217;t give him standing"},"content":{"rendered":"<p>Defendant couldn\u2019t show standing in the cell phones that were searched. \u201c On appeal, Gatson points to the Government&#8217;s attribution of Phone 1 to him as evidence of his standing to make a claim. However, this attribution by the Government does not meet Gatson&#8217;s burden because he must demonstrate his \u2018expectation of privacy\u2019 in the phones. Stringer, 739 F.3d at 396. Without a personal interest in the cell phones, Gatson lacks standing to assert suppression of the data obtained relating to them. Hence the District Court did not err in denying Gatson&#8217;s motion to suppress evidence.\u201d <a href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/163135np.pdf\">United States v. Gatson<\/a>, 2018 U.S. App. LEXIS 22170 (3d Cir. Aug. 9, 2018). [There are a couple of reasons that come to mind how a phone can be attributed to one defendant but belong to another: the most obvious is sharing it for drug deals, or defendant carrying it sometimes.]<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant couldn\u2019t show standing in the cell phones that were searched. \u201c On appeal, Gatson points to the Government&#8217;s attribution of Phone 1 to him as evidence of his standing to make a claim. However, this attribution by the Government &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=34231\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[34],"tags":[],"class_list":["post-34231","post","type-post","status-publish","format-standard","hentry","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34231","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=34231"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34231\/revisions"}],"predecessor-version":[{"id":34232,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/34231\/revisions\/34232"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=34231"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=34231"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=34231"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}