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E.D.Wis.: Brendlin standing is to the stop, not the subsequent search

By John Wesley Hall, Jr.

Brendlin only gives standing to object to the stop of the car, which was found to be with probable cause. It does not extend standing to a search of the car. United States v. Collins, 2010 U.S. Dist. LEXIS 53939 (E.D. Wis. April 9, 2010), R&R adopted 2010 U.S. Dist. LEXIS 53933 (E.D. Wis. June 2, 2010).* District court did not abuse its discretion in denying defendant’s motion to reopen the suppression hearing to test the officer’s credibility on the failure of the video in the police car during the stop. United States v. McWhorter, 2010 U.S. App. LEXIS 11176 (11th Cir. June 2, 2010) (unpublished).* Defendant is entitled to photographs of evidence seized under F.R.Crim.P. 16 discovery. United States v. Landron-Class, 2010 U...continue to full post

Full post as published by Fourth Amendment on June 05, 2010 (boomark / email).