The witness on standing gave two inconsistent versions: under oath and to the police and the court cannot credit her. \u201cImportantly, Defendant has offered no proof, other than Ms. Harris’s testimony, that he was an overnight guest in the Apartment. Further, Defendant has not presented any evidence that he, regardless of whether he was an overnight guest in the Apartment, had an unrestricted right or control over Ms. Harris’s Apartment or, specifically, the master bedroom closet. Accordingly, the undersigned concludes that Defendant has not met his burden of proving that he has standing to challenge the search of Ms. Harris’s Apartment.\u201d United States v. Phyfier, 2019 U.S. Dist. LEXIS 98647 (M.D. Ala. June 12, 2019).*<\/p>\n
Defendant lacked standing to challenge the search of a motel room. \u201cThe record does not establish that Defendant purchased the room or was an overnight guest.\u201d United States v. Graber, 2019 U.S. Dist. LEXIS 98753 (D. Neb. June 12, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The witness on standing gave two inconsistent versions: under oath and to the police and the court cannot credit her. \u201cImportantly, Defendant has offered no proof, other than Ms. Harris’s testimony, that he was an overnight guest in the Apartment. … Continue reading