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D.Utah: Defendant does not have a right to watch a search as a part of a right to limit it

By John Wesley Hall, Jr.

“Standing” is a close question, but, assuming defendant had it, the search was lawful as by consent, which defendant did not have to have an ability to limit because he was positioned so he could not see it happen. United States v. Jimenez-Valenia, 2009 U.S. Dist. LEXIS 37911 (D. Utah May 1, 2009): [T]he Tenth Circuit would prefer courts "'not use the term 'standing' as shorthand for a defendant's capacity to challenge a search,'" the court does so here for clarity. United States v. Smith, 531 F.3d 1261, 1266 n. 2 (10th Cir. 2008) (quoting United States v. Higgins, 282 F.3d 1261, 1270 n.3 (10th Cir. 2002)). This is the term used by the United States, Mr. Jimenez-Valencia and a great deal of the relevant case law. E.g., United States v...continue to full post

Full post as published by Fourth Amendment on May 09, 2009 (boomark / email).