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NC: Defendant shown to have abandoned house

By John Wesley Hall, Jr.

Defendant abandoned the house he was living in it. The proof showed he had no intention of returning. State v. McKinney, 2008 N.C. App. LEXIS 2271 (December 16, 2008). It is not required under Franks for a CI who was already described as an admitted burglar and drug abuser to be described as under the influence at the time he gave the information. State v. McGrane, 2008 Iowa App. LEXIS 1247 (December 17, 2008).* A person who borrows a car with consent of the owner has standing. Here, the state put on nothing to show no standing. [Isn't the question of standing the defendant's burden?] Brown v. State, 2008 Miss. App. LEXIS 789 (December 16, 2008).

Full post as published by Fourth Amendment on December 20, 2008 (boomark / email).