Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

IL: Occasionally spending the night in the place search was sufficient for standing

By John Wesley Hall, Jr.

Defendant occasionally stayed at the place searched, and officers found mail addressed to him there. He did not have to be an exclusive resident anywhere to have standing in one or more places. However, he loses on the merits because there was probable cause for issuance of the search warrant, and the GFE would save it anyway. United States v. Henry, 2010 U.S. Dist. LEXIS 139164 (N.D. Ga. December 7, 2010): The Government correctly contends that Defendant cannot show standing simply through the contentions of Government agents or the theory of the Government’s case. See United States v. Zermeno, 66 F.3d 1058, 1062 (9th Cir. 1995). However, hearsay is admissible at suppression hearings, and I am aware of no case law or rationale that would preclude Defendant’s use as evidence of statements that were procured by Government agents...continue to full post

Full post as published by Fourth Amendment on January 11, 2011 (boomark / email).