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C.D.Ill.: No standing shown in a desk at work

By John Wesley Hall, Jr.

Defendant had no standing in a desk at work where there was no real control over who had access to it, distinguishing Mancusi and O’Connor. United States v. Asad, 2010 U.S. Dist. LEXIS 92096 (C.D. Ill. September 3, 2010): The cases cited by Qattoum to support his standing to challenge the search hold only that an employee of a business can have a reasonable expectation of privacy under some circumstances. See O’Connor, 480 U.S. at 718-19, 726-28 (doctor had reasonable expectation of privacy in his desk and file cabinets which were located in his private office; however, question remained whether search by employer was reasonable); Mancusi, 392 U.S. at 368-69 (union official had standing to challenge seizure of records where he had custody of papers at the moment of their seizure and papers were located in private office he shared with other union officers)...continue to full post

Full post as published by Fourth Amendment on September 08, 2010 (boomark / email).