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M.D.Ala.: Defendant's claim of joint control for standing devolves to driver consenting

By John Wesley Hall, Jr.

Defendant had standing over his own detention on the side of the road as a passenger. While the question of standing in the car is more complicated, the driver consented and was a joint operator under defendant’s theory. The length of the detention on the side of the road was not unreasonable under circuit law. United States v. Herrera, 2011 U.S. Dist. LEXIS 18416 (M.D. Ala. January 5, 2011).* The driver’s case on reasonable suspicion is United States v. Herrera, 2011 U.S. Dist. LEXIS 18458 (M.D. Ala. February 24, 2011).* Defendant’s § 2255 fails. On the search claim, because it depended on an assertion that the affidavit did not incorporate something, but it did. Haque v. United States, 2011 U.S. Dist. LEXIS 18235 (N...continue to full post

Full post as published by Fourth Amendment on February 28, 2011 (boomark / email).