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GA: Mere invitee to a hotel room for drug use had no standing

By John Wesley Hall, Jr.

As a mere invitee to a hotel room for drug use, defendant had no standing to challenge the search of the room. He had no key and he was not staying the night. State v. Carter, 2009 Ga. App. LEXIS 816 (July 10, 2009).* As a frequent visitor, defendant had standing under Olson to challenge a search of the apartment he was visiting. Defendant was not present to object, so Randolph does not help him overcome the consent of the primary occupant. United States v. Foster, 2009 U.S. Dist. LEXIS 59161 (E.D. N.C. July 8, 2009).* Suppression evidence of a vehicle stop was not binding on federal proceedings. In addition, the version in the unobjected to PSR is diametrically opposed to the version alleged in the 2255 petition. Defense counsel was not ineffective...continue to full post

Full post as published by Fourth Amendment on July 15, 2009 (boomark / email).