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OH8: Defendant was a guest in his grandmother's house with standing

By John Wesley Hall, Jr.

The defendant was a fairly regular guest at his grandmother’s house, eating meals there and often spending the night. The trial court erred in holding that there was insufficient evidence he regularly stayed there because that was not the question. State v. Alexander, 2010 Ohio 3598, 2010 Ohio App. LEXIS 3073 (8th Dist. August 5, 2010): [*P14] The trial court did not address Alexander's status as an overnight guest when deciding the motion to suppress; it simply concluded there was not enough evidence to demonstrate that he regularly stayed at the apartment. Although that may be true, the evidence that he was staying there on the day in question was undisputed. Accordingly, the trial court erred in ruling that he did not have standing to challenge the warrantless entry...continue to full post

Full post as published by Fourth Amendment on August 08, 2010 (boomark / email).