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D.P.R.: Defendant had standing in a pleasure craft's common areas that he abandoned

By John Wesley Hall, Jr.

Defendant had standing in the common areas of a pleasure craft the same as joint users have in a hotel room. However, he effectively abandoned the boat after the first search and gave up his reasonable expectation of privacy. United States v. Franki-Irizarry, 2009 U.S. Dist. LEXIS 125722 (D. P.R. August 21, 2009).* While prosecutors only have qualified immunity for investigative functions, issuing subpoenas for third party held information did not violate plaintiff’s Fourth Amendment rights, so they prevail. Rehberg v. Paulk, 2010 U.S. App. LEXIS 5198 (11th Cir. March 11, 2010).* Officers had probable cause to arrest defendant for a felony, and her search incident was justified. United States v. Bell, 2010 U.S. Dist. LEXIS 22650 (W.D...continue to full post

Full post as published by Fourth Amendment on March 15, 2010 (boomark / email).