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M.D.Pa.: Merely carrying a duffle bag into an apartment and staying for 20-45 minutes conferred no standing

By John Wesley Hall, Jr.

Defendant who admitted only carried a duffle bag into an apartment and expected to stay only 20-45 minutes, where he did not live, would not stay, had no key or belongings there, had no standing to contest a search of the premises. United States v. Mitchell, 2010 U.S. Dist. LEXIS 105594 (M.D. Pa. October 4, 2010).* Officers had probable cause to believe that the defendant’s truck to which 200 lbs of marijuana had been transferred had evidence of crime, so Gant did not apply. United States v. Micali, 2010 U.S. Dist. LEXIS 105386 (E.D. N.Y. September 29, 2010).* Defendant was sleeping like a homeless man in a private parking garage. When he was rousted and fled, he left some stuff including a laptop computer, anti-Israeli literature (similar comments were on his Facebook page), and bottle that was capable of being a small bomb based on its contents...continue to full post

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