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D.N.M.: Defendant had standing in his girlfriend's apartment where he came and went as he pleased and cared for the children when she was at work

By John Wesley Hall, Jr.

Defendant had standing to challenge the entry into the apartment he was in in a housing project. He was the father of the tenant’s three children, although the record is not clear whether they were married in Cuba in 1995 or not. Nevertheless, he regularly watched their children when she was at work, and he could come and go as he pleased. The government's reliance on Minnesota v. Carter, the drug manufacturing case, is clearly misplaced. The court finds, however, that his girlfriend consented to the entry of the police. She was not credible at all on what happened, and she clearly exaggerated facts. United States v. Romero-Leon, 2010 U.S. Dist. LEXIS 101760 (D. N.M. April 19, 2010)*: While there is no case law specifically on point, the Court finds that Defendant's relationship with Virgen Garcia and the children combined with his regular visits to their home give Defendant a reasonable expectation of privacy in the Princess Jeanne residence...continue to full post

Full post as published by Fourth Amendment on October 01, 2010 (boomark / email).