{"id":52202,"date":"2022-04-23T09:12:23","date_gmt":"2022-04-23T14:12:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52202"},"modified":"2022-04-23T09:12:23","modified_gmt":"2022-04-23T14:12:23","slug":"d-n-j-no-standing-in-car-gps-def-sometimes-rode-in","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52202","title":{"rendered":"D.N.J.: No standing in car GPS def sometimes rode in"},"content":{"rendered":"\n<p>Defendant failed to show standing to challenge seizure of the GPS in vehicles he sometimes was a passenger in. United States v. Mims, 2022 U.S. Dist. LEXIS 72333 (D.N.J. Apr. 20, 2022).<\/p>\n\n\n\n<p>There was reasonable suspicion to extend this stop based on observations and inconsistent stories from the occupants. United States v. Mendez, 2022 U.S. Dist. LEXIS 72410 (D.S.D. Apr. 20, 2022).*<\/p>\n\n\n\n<p>Denying you were even in a car denies standing to a search of the car you don\u2019t own or lawfully possess. United States v. Lark, 2022 U.S. Dist. LEXIS 72492 (S.D.W.Va. Apr. 20, 2022).*<\/p>\n\n\n\n<p>\u201cIn sum, while the Court finds Agent Lopez&#8217;s testimony credible, based upon the totality of the circumstances, the Court concludes that there was no reasonable suspicion for him to stop the defendant. An individual driving a clean, newer model, rental car, on an area of the highway that is both close to the border and frequently traveled by locals and tourists, while wearing a mask during the height of a global pandemic, who fails to look over at an officer that pulls alongside her for a few seconds before passing her, is not sufficiently unusual to warrant a stop.\u201d United States v. Johnson, 2022 U.S. Dist. LEXIS 72590 (D.Ariz. Apr. 20, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant failed to show standing to challenge seizure of the GPS in vehicles he sometimes was a passenger in. United States v. Mims, 2022 U.S. Dist. LEXIS 72333 (D.N.J. Apr. 20, 2022). There was reasonable suspicion to extend this stop &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=52202\">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":[17,35,34],"tags":[],"class_list":["post-52202","post","type-post","status-publish","format-standard","hentry","category-gps-tracking-data","category-reasonable-suspicion","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52202","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=52202"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52202\/revisions"}],"predecessor-version":[{"id":52203,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52202\/revisions\/52203"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52202"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52202"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52202"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}