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NY: Failure to allege standing in a house is fatal to motion to suppress

By John Wesley Hall, Jr.

Defendant’s failure to allege he had standing in the place searched was fatal to his suppression motion. People v. Scully, 2010 NY Slip Op 3799, 2010 N.Y. LEXIS 634 (May 6, 2010). Defense counsel could not be ineffective for not moving to suppress a search of defendant’s sister’s home because defendant did not show any standing there. People v. Peele, 2010 NY Slip Op 3804, 2010 N.Y. App. Div. LEXIS 3824 (3d Dept. May 6, 2010). Officer had reasonable suspicion for detention of nervous defendant towing a boat from Texas to Tennessee, ostensibly to see his mother for Mother’s Day, and he was stopped minutes before midnight Mother’s Day in Louisiana. Consent included the boat, and marijuana was found. State v. Snelling, 2010 La...continue to full post

Full post as published by Fourth Amendment on May 09, 2010 (boomark / email).