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Criminal Law

: Tenth Circuit Blog

Defendant Lacked Standing to Contest Search of Camera with Incriminating Photo

By Shari Allison

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U.S. v. Moya-Breton, 2009 WL 1524900 (6/2/09) (unpub'd) - The defendant did not have standing to contest the seizure of a photo of him with a handgun and a large roll of cash, even though he told his co-conspirator to destroy it. He did not have a reasonable expectation of privacy in the searched camera that took the photo.

Full post as published by Tenth Circuit Blog on June 09, 2009 (boomark / email).

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TN: Defendant has standing to contest a search of his own person

CA10: Abandoning car keys is an abandonment of car

Driver of hit and run vehicle he borrowed lacked standing to contest police exceeding owner's consent to search

No agency relationship with police where defendant's mother told them about incriminating letter then retrieved it at their suggestion

Not wilfully exceeding scope of consent when searching for drugs and accidentally finding child porn did not void search

N.D. Iowa: Consent in violation of Miranda can still be valid

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