{"id":63037,"date":"2026-02-03T11:13:11","date_gmt":"2026-02-03T16:13:11","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63037"},"modified":"2026-02-03T11:13:11","modified_gmt":"2026-02-03T16:13:11","slug":"d-ariz-no-standing-to-raise-fruit-of-poisonous-tree-argument-because-its-not-his-tree","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63037","title":{"rendered":"D.Ariz.: No standing to raise fruit of poisonous tree argument because &#8220;it&#8217;s not his tree&#8221;"},"content":{"rendered":"\n<p>No standing to challenge the stop of a car he wasn\u2019t in or wasn\u2019t his. United States v. Flores-Mendivil, 2026 U.S. Dist. LEXIS 20776 (D. Ariz. Feb. 2, 2026)*:<\/p>\n\n\n\n<!--more-->\n\n\n\n<p>To the extent he raises fruit of the poisonous tree as to the Pontiac, he is precluded from doing so. A defendant may challenge evidence as fruit of the poisonous tree if the defendant establishes that his Fourth Amendment rights were violated in the primary search. See United States v. Baker, 58 F.4th 1109, 1116 (9th Cir. 2023) (quoting Alderman v. United States, 394 U.S. 165, 174 (1969)) (&#8220;Fourth Amendment rights are personal rights that &#8216;may not be vicariously asserted.'&#8221;). &#8220;The proponent of a motion to suppress has the burden of establishing that his own Fourth Amendment rights were violated by the challenged search or seizure.&#8221; Rakas v. Illinois, 439 U.S. 128, 130 n.1 (1978). Defendant has not argued that his Fourth Amendment rights were violated when Agent Sartin stopped the Pontiac. Nor has he shown that Agent Sartin stopped or searched the Pontiac based on Agent Myers&#8217;s stop of Defendant&#8217;s Chrysler. Therefore, Defendant&#8217;s effort to suppress fruit from the tree that is the stop of the Pontiac fails because, simply put, that is not his tree.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>No standing to challenge the stop of a car he wasn\u2019t in or wasn\u2019t his. United States v. Flores-Mendivil, 2026 U.S. Dist. LEXIS 20776 (D. Ariz. Feb. 2, 2026)*:<\/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-63037","post","type-post","status-publish","format-standard","hentry","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63037","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=63037"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63037\/revisions"}],"predecessor-version":[{"id":63038,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63037\/revisions\/63038"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63037"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63037"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63037"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}