\u201cFurthermore, there is nothing impermissible with the Government arguing that a defendant does not have an expectation of privacy in a place to assert a Fourth Amendment violation, while arguing that the defendant possessed the evidence seized in that same place to prove guilt at trial. United States v. G\u00f3mez, 770 F.2d 251, 253-54 (1st Cir. 1985) (“the fourth amendment protects legitimate privacy expectations. Therefore, it is possible for prosecutors to assert that a defendant had a possessory interest in goods seized yet had not had any privacy expectation invaded.”) (internal citations omitted) (emphasis in the original). [\u00b6] Further, even if the Court were to find that Defendant has standing to challenge the evidence seized from Apartment 19, his arguments that the evidence seized should be suppressed as fruit of the poisonous tree would also have to be rejected.\u201d United States v. Cruz-Sierra, 2026 U.S. Dist. LEXIS 75853 (D.P.R. Apr. 6, 2026).<\/p>\n\n\n\n
No standing. \u201cNone of these factors favor Jackson. He points to no evidence that he asserted ownership over items in the vehicle and did not testify about his legitimate expectation of privacy. Moreover, no evidence indicates that he had permission from either the lawful owner or someone with authority to permit him to drive the vehicle. At best, Jackson points to his statement to officers that he was considering buying the car from a friend’s daughter’s girlfriend. Yet there is no record evidence indicating that the friend’s daughter’s girlfriend, whomever she may be, is either the registered owner or someone with authority to give Jackson permission to drive the vehicle.\u201d United States v. Jackson, 2026 U.S. App. LEXIS 9898 (10th Cir. Apr. 7, 2026).*<\/p>\n\n\n\n
<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cFurthermore, there is nothing impermissible with the Government arguing that a defendant does not have an expectation of privacy in a place to assert a Fourth Amendment violation, while arguing that the defendant possessed the evidence seized in that same … Continue reading