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Defendants' guest standing did not extend to contents of a hidden compartment they claimed no interest in

By John Wesley Hall, Jr.

Defendants as overnight guests had standing to challenge the search of the apartment they were staying in, including all rooms within. They did not, however, have standing as to a hidden compartment with cash and drugs since they did not assert any interest in what was found there. United States v. Ontiveros, 2008 U.S. Dist. LEXIS 29610 (S.D. N.Y. April 9, 2008): However, neither defendant has claimed ownership of the items found in the trap, nor made any showing that they knew of the existence of the trap or its contents. Consequently, defendants have not demonstrated a legitimate expectation of privacy in the items found in the hallway trap. See Cody, 434 F. Supp. 2d at 167 (holding that refusal to claim ownership of an item or place results in a lack of standing to object to a search of that item or place); see also Torres, 949 F...continue to full post

Full post as published by Fourth Amendment on April 13, 2008 (boomark / ).