{"id":53723,"date":"2022-12-08T22:39:51","date_gmt":"2022-12-09T03:39:51","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=53723"},"modified":"2022-12-09T07:58:24","modified_gmt":"2022-12-09T12:58:24","slug":"ca8-no-standing-to-challenge-gps-already-installed-in-borrowed-car","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=53723","title":{"rendered":"CA8: No standing to challenge GPS already installed in CS&#8217;s car he borrowed"},"content":{"rendered":"\n<p>Defendant had no standing to contest installation of a GPS by the CS in the vehicle he loaned to defendant. Jones specifically recognized this. <a href=\"https:\/\/ecf.ca8.uscourts.gov\/opndir\/22\/12\/221066P.pdf\">United States v. Dewilfond<\/a>, 2022 U.S. App. LEXIS 33273 (8th Cir. Dec. 2, 2022).<\/p>\n\n\n\n<p>Defendant was a passenger in a vehicle stopped, and he had no right of control or access to it, no reasonable expectation of privacy, and thus no standing. There was reasonable suspicion for the stop on two-day-old information about a robbery where almost everything matched up with the vehicle and occupants. (The only thing that didn\u2019t was the robber had no shirt on.) United States v. Scott, 2022 U.S. Dist. LEXIS 217114 (D. Minn. Nov. 9, 2022).*<\/p>\n\n\n\n<p>Defense counsel didn\u2019t move to suppress text messages but succeeded in getting some excluded at trial. Defendant doesn\u2019t show what basis there was to suppress them or that it would have been granted or would have changed the outcome of the trial. State v. Harris, 2022 Del. Super. LEXIS 1411 (Nov. 28, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant had no standing to contest installation of a GPS by the CS in the vehicle he loaned to defendant. Jones specifically recognized this. United States v. Dewilfond, 2022 U.S. App. LEXIS 33273 (8th Cir. Dec. 2, 2022). Defendant was &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=53723\">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":[17,23,35,34],"tags":[],"class_list":["post-53723","post","type-post","status-publish","format-standard","hentry","category-gps-tracking-data","category-ineffective-assistance","category-reasonable-suspicion","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53723","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=53723"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53723\/revisions"}],"predecessor-version":[{"id":53731,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/53723\/revisions\/53731"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=53723"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=53723"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=53723"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}