Defendant\u2019s argument that he \u201cfrequently stayed\u201d in the apartment searched contradicted his argument that officers lacked probable cause to believe he was there. Besides, officers also got consent to enter. United States v. Hancock, 2010 U.S. Dist. LEXIS 140958 (E.D. N.C. December 9, 2010): <\/p>\n
Assuming arguendo that he has standing to challenge the search, Defendant\u2019s contention that the officers lacked probable cause to believe he was inside the apartment directly contradicts his assertion that he \u201cfrequently stayed at [Ms. Ware\u2019s] apartment.\u201d [DE-25, p.2 n.1]. Defendant\u2019s position is untenable. In order to have standing to challenge the search, Defendant must show he had an expectation of privacy in Ms. Ware\u2019s apartment. Minnesota, 525 U.S. at 88; Bonner, 81 F.3d at 475. If indeed he \u201cfrequently stayed\u201d at Ms. Ware\u2019s apartment, as he maintains, the officers attempting to effect the arrest warrant would have had exceedingly reasonable grounds to believe Defendant was at Ms. Ware\u2019s apartment. Defendant cannot have his cake and eat it, too.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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