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"Hanging out" not guest standing

By John Wesley Hall, Jr.

Defendant failed to show that he had guest standing in the apartment that was searched. The witnesses called did not show that he was guest, only an occasional visitor with nothing there. Also, the tenant's lease precluded full- or part-time co-residents. At best, he merely "hung out" or "visited" the premises, and his actions were inconsistent with being a co-resident or even a guest. United States v. King, 2008 U.S. Dist. LEXIS 65945 (D. Del. August 26, 2008).* While Virginia law may require it, there is no constitutional requirement that the affidavit for a search warrant be attached to the search warrant when it is served. United States v. McMillan, 2008 U.S. Dist. LEXIS 65964 (E.D. Va. August 26, 2008).* Defendant consented to a search of his person, and his attempted withdrawal came after discovery of drugs...continue to full post

Full post as published by Fourth Amendment on August 30, 2008 (boomark / email).