{"id":52422,"date":"2022-05-22T04:16:41","date_gmt":"2022-05-22T09:16:41","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=52422"},"modified":"2022-05-23T08:44:46","modified_gmt":"2022-05-23T13:44:46","slug":"e-d-mich-def-had-standing-in-his-brothers-garage-where-only-they-had-keys-and-it-was-used-for-business-purposes","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=52422","title":{"rendered":"E.D.Mich.: Def had standing in his brother&#8217;s garage where only they had keys and it was used for business purposes"},"content":{"rendered":"\n<p>The warrantless search of defendant\u2019s brother\u2019s garage where both had keys and defendant kept things from their construction business was unreasonable. Defendant had standing because it was used for business purposes, and he did not have to spend the night there to have standing. United States v. Arreola-Alvardo, 2022 U.S. Dist. LEXIS 90326, 2022 U.S. Dist. LEXIS 91453 (E.D.Mich. May 19, 2022).<\/p>\n\n\n\n<p>The entry into defendant\u2019s apartment was with weapons in hand, and it was consensual. The information gathered (defendant&#8217;s presence) is suppressed. <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2022\/05\/19\/21-10128.pdf\">United States v. Martin<\/a>, 2022 U.S. App. LEXIS 13630 (9th Cir. May 19, 2022).<\/p>\n\n\n\n<p>\u201cAt first blush, this case may present \u2018thorny constitutional issues.\u2019 The Court, however, ultimately finds that the issuing magistrate judge had a substantial basis to conclude that the Residence contained evidence of drug trafficking. But even if the Affidavit were lacking, the investigators relied on the Search Warrant in good faith, which precludes the exclusion of evidence.\u201d United States v. Navedo, 2022 U.S. Dist. LEXIS 90640 (N.D.Ohio May 19, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The warrantless search of defendant\u2019s brother\u2019s garage where both had keys and defendant kept things from their construction business was unreasonable. Defendant had standing because it was used for business purposes, and he did not have to spend the night &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=52422\">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":[24,11,34],"tags":[],"class_list":["post-52422","post","type-post","status-publish","format-standard","hentry","category-consent","category-good-faith-exception","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52422","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=52422"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52422\/revisions"}],"predecessor-version":[{"id":52428,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/52422\/revisions\/52428"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=52422"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=52422"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=52422"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}