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CA9: Manger of corporation had no standing to challenge search of corporate records; affdavit by reference does not need to be attached if it is present

By John Wesley Hall, Jr.

Managerial authority is not enough in a corporation (except for a small one) to have standing to challenge a search of the corporate records. If the affidavit is present at the time of the search, it does not need to be attached to the search warrant for reference to it to be valid. United States v. SDI Future Health, Inc., 2009 U.S. App. LEXIS 1329 (9th Cir. January 27, 2009): It thus appears that an employee of a corporation, whether worker or manager, does not, simply by virtue of his status as such, acquire Fourth Amendment standing with respect to company premises. Similarly, and notwithstanding the reference to "an independent ... proprietary interest" in Cella, to be merely a shareholder of a corporation, without more, is also not enough...continue to full post

Full post as published by Fourth Amendment on January 28, 2009 (boomark / email).