Defendant was named in the indictment with using and maintaining drug premises, but this alone was not enough to give him standing to get a hearing on a motion to suppress. He still had to file an affidavit showing his connection to the property to give him standing. \u201cHowever, \u2018[a] defendant’s unsworn assertion of the Government’s representations does not meet [his] burden\u2019 to establish standing to contest the search.\u201d United States v. Marshall, 2012 U.S. Dist. LEXIS 163606 (W.D. N.Y. November 9, 2012).<\/p>\n
The CI\u2019s support of reliability was thin, but just barely gets over the hurdle for reasonable suspicion to justify the stop of the vehicle defendant was riding in. United States v. Osorieo-Torres, 2012 U.S. Dist. LEXIS 163901 (D. Kan. November 13, 2012).*<\/p>\n
Defendant normally can\u2019t raise an IAC claim on direct appeal. Here, even if he could, he\u2019d lose on the merits. Two issues: (a) typo in a date wasn\u2019t prejudicial; (b) items not listed in the SW were listed in the attached affidavit. United States v. Scott<\/a>, 504 Fed. Appx. 157 (3d Cir. 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading