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Defendants showed enough doubt about affidavit to get a Franks hearing

By John Wesley Hall, Jr.

The defendant had no objective reasonable expectation of privacy in premises where he would not have been allowed to stay if he had asked. United States v. Dent, 2008 U.S. Dist. LEXIS 83385 (D. Me. September 26, 2008)*: In this case, the defendant never asked the homeowners' permission to store belongings in their house; would not have been granted such permission had he asked; and, in my view, was well aware that such permission would not be forthcoming. To the extent that Jaime had become aware that the defendant had made use of her residence for purposes other than casual daytime visitation, for example, staying overnight or using 81 Marble as his mailing address, she had expressly forbidden him to do so. He could not have harbored any reasonable belief that it was permissible for him to store his belongings there...continue to full post

Full post as published by Fourth Amendment on October 22, 2008 (boomark / email).