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S.D. Ill.: Drop-in social guest had no standing

By John Wesley Hall, Jr.

Defendant who was on the premises for 15 minutes before the police arrived, and who was a regular social guest at the house, but not an overnight guest did not have standing. United States v. Johnson, 2008 U.S. Dist. LEXIS 101396 (S.D. Ill. December 16, 2008): Here, Defendant's 15-minute "drop in" visit would hardly be recognized as a valuable societal institution where one seeks out shelter and privacy away from the public, as would an overnight guest. The Court will not construe and extend Olson and Carter to warrant Defendant's claim to Fourth Amendment protection in this situation. Plaintiff had no standing the challenge the seizure of an incriminating letter he mailed from jail when it was seized from the recipient. Lazore v. Immigration and Customs Enforcement, 2008 U...continue to full post

Full post as published by Fourth Amendment on December 18, 2008 (boomark / email).