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E.D.Va.: Sole owner of corporation did not per se have standing to challenge search of its offices

By John Wesley Hall, Jr.

Sole ownership of a corporation does not confer standing on the owner. United States v. Okun, 2009 U.S. Dist. LEXIS 7402 (E.D. Va. February 2, 2009): While the Fourth Circuit has not directly ruled on the issue, the weight of precedent in this area clearly indicates that the possessory interest attendant to sole ownership of a corporation is not, in and of itself, sufficient to confer upon the owner Fourth Amendment standing as to all corporate property. See, e.g., U.S. v. Mohney, 949 F.2d 1397, 1403 (6th Cir. 1991); Williams v. Kunze, 806 F.2d 594, 599-600 (5th Cir. 1986); U.S. v. Moscatiello, 771 F.2d 589, 600-601 (1st Cir. 1985), rev'd on other grounds by Carter v. United States, 476 U.S. 1138, 106 S. Ct. 2241, 90 L. Ed. 2d 688 (1986); U...continue to full post

Full post as published by Fourth Amendment on February 05, 2009 (boomark / email).