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CA7 declines again to decide whether a person not on renatal agreement has "standing"

By John Wesley Hall, Jr.

Second search of defendant’s property finding child porn was with consent and was validly used to enhance his sentence. He first objected, but then he withdrew the consent. United States v. Cottle, 2009 U.S. App. LEXIS 26072, 2009 FED App. 0755N (6th Cir. December 1, 2009) (unpublished).* Seventh Circuit declines to join the split on whether a person not on a rental contract has “standing” [n. 2; a word it notes the Supreme Court does not use anymore] because there was cause for the search no matter what. United States v. Brown, 2009 U.S. App. LEXIS 26143 (7th Cir. December 1, 2009) (unpublished).* During a knock and talk, defendant let officers into his house, and marijuana was in plain view. He consented to a further search of the basement finding more than 100 plants...continue to full post

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