{"id":42606,"date":"2020-02-25T16:43:49","date_gmt":"2020-02-25T21:43:49","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=42606"},"modified":"2020-02-25T16:43:49","modified_gmt":"2020-02-25T21:43:49","slug":"ca1-def-lacked-standing-to-challenge-search-of-a-shed-actually-done-under-authority-of-bail-condition","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=42606","title":{"rendered":"CA1: Def lacked standing to challenge search of a shed actually done under authority of bail condition"},"content":{"rendered":"

Defendant was stopped by officers with \u201cbeyond\u201d reasonable suspicion he was dealing drugs. The stop was not unreasonably long, and defendant incriminated himself pre-Miranda. Defendant lacked standing to challenge the search of a shed. The justification for the search was a search condition in his state bail conditions [which I seriously doubt the reasonableness of]. He only challenged it on the word \u201cresidence\u201d which the court finds undeveloped below. United States v. James<\/a>, 2020 U.S. App. LEXIS 5197 (1st Cir. Feb. 20, 2020):
\n<\/p>\n

The officers searched James’s rented apartment and the shed on the strength of the provision in James’s state bail bond requiring him to “submit to searches” of his “person, vehicle and residence … at any time without articulable suspicion or probable cause.” James now says that the waiver of objection was unreasonable as applied to his circumstances because the word “residence” was not meant to include the separate shed adjacent to the apartment and rented as appurtenant to it. The trial court concluded that “in the absence of any developed argument on the point by Defendant,” Add. 15, the shed was a part of the residence within the bail terms. We see no plain error in so concluding, or in the trial court’s further holding that on a contrary assumption James would have had no sustainable expectation of privacy necessary to give standing to raise a Fourth Amendment suppression claim. See United States v. Battle, 637 F.3d 44, 48 (1st Cir. 2011). James contends that the search violated the Fourth Amendment rights of the co-tenants in his apartment, who also had possessory interests in the shed, but a defendant cannot suppress the fruits of a search based on a violation of the Fourth Amendment rights of others. See Alderman v. United States, 394 U.S. 165, 174, 89 S. Ct. 961, 22 L. Ed. 2d 176 (1969).<\/p><\/blockquote>\n

I cannot fathom that consent to searches as a condition of bail before conviction is reasonable under the Fourth Amendment. So much for the presumption of innocence.<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant was stopped by officers with \u201cbeyond\u201d reasonable suspicion he was dealing drugs. The stop was not unreasonably long, and defendant incriminated himself pre-Miranda. Defendant lacked standing to challenge the search of a shed. The justification for the search was … 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":[34],"tags":[],"class_list":["post-42606","post","type-post","status-publish","format-standard","hentry","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42606","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=42606"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42606\/revisions"}],"predecessor-version":[{"id":42607,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/42606\/revisions\/42607"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=42606"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=42606"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=42606"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}