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D.Mass.: No standing in a package search where it wasn't addressed to him or sent to him

By John Wesley Hall, Jr.

The government’s failure to support the CI in an affidavit for a search warrant for a package was not material because probable cause was otherwise shown, and the good faith exception would apply. Besides that, it is highly unlikely that the defendant even has standing to contest a search of a package that was neither sent by nor to the defendant. This latter issue is not decided, but only because the other issue was determinative. United States v. Contreras, 2010 U.S. Dist. LEXIS 84571 (D. Mass. August 18, 2010).* Defendant passenger had standing to challenge the stop of the vehicle (which was with reasonable suspicion of a traffic offense), but not its search. United States v. Cruz-Chavez, 2010 U.S. Dist. LEXIS 84172 (D. Kan. August 17, 2010)*: 4...continue to full post

Full post as published by Fourth Amendment on August 20, 2010 (boomark / email).