Defendant failed to appear to serve a federal sentence, and he was found in New Mexico in a hotel room under an alias. His use of an alias to rent the hotel room did not deny him standing. United States v. Donahue, 2013 U.S. Dist. LEXIS 164351 (M.D. Pa. November 19, 2013):<\/p>\n
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The Government contends, however, that Mr. Donahue lacks standing to challenge the search of his hotel room because he rented the room at the Plaza Suites Hotel under the alias “Don Roberts.” The Government suggests that Mr. Donahue’s “fraudulent use of the alias in renting the Plaza Suites hotel room is fatal to his claim of standing to suppress evidence seized therefrom.”<\/p>\n
Courts have recognized that an individual has an expectation of privacy in dwellings rented under an alias where the renter has exclusive control over the room and the keys. For example, in United States v. Newbern, 731 F.2d 744, 748 (11th Cir. 1984), the Eleventh Circuit noted: “[a]lthough the room was registered under an alias, appellants had complete control over the room. No other persons were in possession of keys to the room. Appellants’ use of the motel room strictly for lodging provides the same expectation of privacy as would their home.” See also United States v. Watson, 950 F.2d 505, 507 (8th Cir. 1991) (defendant possessed expectation of privacy in house purchased under an alias). Similarly, Judge Surrick of the United States District Court for the Eastern District of Pennsylvania recently concluded that “Defendant’s use of an alias in renting Apartment 46C … does not negate his standing to challenge this search.” United States v. Savage, No. 07-550, 2013 WL 271797, at *3 (E.D. Pa. Jan. 23, 2013). I find that Mr. Donahue has standing to challenge the search of his room at the Plaza Suites Hotel.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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