{"id":46143,"date":"2020-11-16T00:00:24","date_gmt":"2020-11-16T05:00:24","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=46143"},"modified":"2020-11-16T10:33:49","modified_gmt":"2020-11-16T15:33:49","slug":"d-del-def-found-on-couch-in-morning-with-pillow-and-sheet-at-friends-house-had-standing","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=46143","title":{"rendered":"D.Del.: Def found on couch in morning with pillow and sheet at friend&#8217;s house had standing"},"content":{"rendered":"\n<p>\u201cDefendant has adequately demonstrated he has standing to challenge the Search Warrant. \u2026 Defendant was found at his brother&#8217;s residence around 9:31 a.m., lying on a couch with a sheet and pillow, strongly suggesting that he was an overnight guest with a legitimate expectation of privacy. In opposition to this common-sense conclusion, the government offers nothing beyond disagreement. \u2026 On this record, the Court finds that Defendant has met his burden to show he has standing.\u201d \u201c[E]ven assuming (without deciding) that the Search Warrant was infirm, Defendant&#8217;s motion to suppress fails under the good faith doctrine. Therefore, the physical evidence seized pursuant to the Search Warrant will not be suppressed under the exclusionary rule.\u201d Franks motion denied: \u201cAs already noted, the Court does not believe the apparent inaccuracies in Detective Cannon&#8217;s affidavit supporting the Search Warrant are material.\u201d United States v. Stanford, 2020 U.S. Dist. LEXIS 212417 (D. Del. Nov. 13, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cDefendant has adequately demonstrated he has standing to challenge the Search Warrant. \u2026 Defendant was found at his brother&#8217;s residence around 9:31 a.m., lying on a couch with a sheet and pillow, strongly suggesting that he was an overnight guest &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=46143\">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-46143","post","type-post","status-publish","format-standard","hentry","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46143","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=46143"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46143\/revisions"}],"predecessor-version":[{"id":46152,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/46143\/revisions\/46152"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=46143"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=46143"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=46143"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}