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Criminal Law

: Fourth Amendment

W.D.La.: Defendant had no standing in his sister's car he borrowed, but distanced himself from

By John Wesley Hall, Jr.

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Defendant was asked about consent to search a car, and he said that it wasn’t his, it was his sister’s and she wasn’t around. He lacked standing to contest the search. United States v. Winters, 2009 U.S. Dist. LEXIS 114353 (W.D. La. September 22, 2009).* Defendant’s property was subjected to a consent search authorized by a third person with permission to enter and have sufficient control. His argument about a wrongful eviction, while “cogent and well-briefed” is not pertinent. United States v. Sexton, 2009 U.S. Dist. LEXIS 114014 (N.D. Ind. December 7, 2009).* Defendant was driving the wrong way on a freeway entrance ramp. When he could not produce a driver’s license, there was reasonable suspicion to extend the stop longer...continue to full post

Full post as published by Fourth Amendment on December 14, 2009 (boomark / email).

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