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W.D.Wis.: Defendant's gun left at somebody else's house was subject to the consent of the homeowner

By John Wesley Hall, Jr.

Defendant left a handgun and documents in somebody else’s house, which he almost certainly didn’t have standing to contest. But, aside from the lack of standing, the person with authority over the premises consented to the search. United States v. Garcia-Arcos, 2010 U.S. Dist. LEXIS 100487 (W.D. Wis. August 26, 2010).* There was not state constitutional prohibition against an officer running a LP number just to see if the driver matches the car based on the DL information. State v. Davis, 2010 Ore. App. LEXIS 1093 (September 22, 2010).* Defendant was placed under arrest, and she had a wallet in her hand. She put the wallet down on the hood of the police car, and she was handcuffed. The wallet was then not subject to search incident under the Oregon Constitution...continue to full post

Full post as published by Fourth Amendment on September 27, 2010 (boomark / email).