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Conditional standing argument permitted

By John Wesley Hall, Jr.

Defendant could conditionally raise standing as to a residence but argue at trial that he was not a resident. There was sufficient proof of residence (mail with that address on it) to show standing. Warrant for drugs in defendant's house was issued with probable cause and was not overbroad. "The items detailed in the warrant were sufficiently related to the matters set forth in the affidavit to defeat defendants' claim that it was overly broad." United States v. Jackson, 2008 U.S. Dist. LEXIS 38124 (S.D. Ill. May 9, 2008): At the hearing, defendant Jackson stated that he would be asserting residence for purposes of this hearing, but reserved the right to take a position contrary to that at trial. Owens v. United States, 387 F.3d 607 (7th Cir...continue to full post

Full post as published by Fourth Amendment on May 14, 2008 (boomark / email).