Defendant\u2019s longstanding personal relationship with the owner of the premises searched was insufficient to show standing. He wasn\u2019t a guest. United States v. Brooks, 2020 U.S. Dist. LEXIS 195402 (W.D. Okla. Oct. 21, 2020):<\/p>\n\n\n\n\n\n\n\n
The record shows a personal connection between Defendant and his cousin D.S. For example, D.S. tells the police officers that she “raised” Defendant and that Defendant visits her every day. But the record does not support a finding that Defendant had “an ongoing and meaningful connection” to D.S.’ apartment. Rhiger, 315 F.3d at 1287. For example, there is no evidence that Defendant engaged in “overnight stays” there. Id.; see Olson, 495 U.S. at 96-97 (concluding that the defendant’s “status as an overnight guest is alone enough to show that he had an expectation of privacy in the home that society is prepared to recognize as reasonable”). Lieutenant Ricketts testified that there was no indication that a male lived at the apartment or kept belongings there. There is no evidence in the record suggesting that Defendant possessed a key to the apartment or otherwise could enter at his own will. D.S. stated to officers that “Jimmy don’t live here” and additionally mentioned that the woman Defendant “lives with”–at a location other than D.S.’ apartment–is the one who was shot.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
Defendant\u2019s longstanding personal relationship with the owner of the premises searched was insufficient to show standing. He wasn\u2019t a guest. United States v. Brooks, 2020 U.S. Dist. LEXIS 195402 (W.D. Okla. Oct. 21, 2020):<\/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-45869","post","type-post","status-publish","format-standard","hentry","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45869","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=45869"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45869\/revisions"}],"predecessor-version":[{"id":45872,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/45869\/revisions\/45872"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=45869"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=45869"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=45869"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}