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D.Kan.: Mere bailee of boxes had no privacy interest and no "standing"

By John Wesley Hall, Jr.

"[T]he Fourth Amendment applies to child welfare workers. Doe v. Heck, 327 F.3d 492, 510 (7th Cir. 2003)." The complaint here stated a claim to at least survive a 12(b)(6) motion that plaintiff school child was subjected to a seizure at her school by child welfare workers interviewing her. Loftus v. Clark-Moore, 2009 U.S. Dist. LEXIS 57266 (S.D. Fla. July 7, 2009).* Defendant, a mere bailee of marijuana in boxes, lacked standing to challenge the search and seizure of the boxes. "[D]efendant affirmatively denied owning the boxes and did not claim that he had any other possessory interest as a bailee or otherwise." United States v. Robles, 2009 U.S. Dist. LEXIS 57462 (D. Kan. July 7, 2009).* "[D]efendant's consent to a search of the house extended to any locked rooms in the house...continue to full post

Full post as published by Fourth Amendment on July 11, 2009 (boomark / email).