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

Criminal Law

: Fourth Amendment

CA10: If defendant lacks "standing," he also lacks standing to challenge a protective sweep

By John Wesley Hall, Jr.

Defendant who lacked "standing" to challenge a search under Carter because he was in a garage of another packaging marijuana also lacked standing to challenge a sweep of the premises that led to his arrest. Besides, the sweep was legal anyway. United States v. Jimenez, 2009 U.S. App. LEXIS 14738 (10th Cir. July 7, 2009) (unpublished): Defendant's detention occurred after the police had conducted the sweep of Gonzalez's residence, and only an individual with a legitimate expectation of privacy in the residence could object to the sweep. After entering the garage, officers acted reasonably in detaining Defendant when they caught him red handed with large quantities of marijuana, cuttings tools, and scales in plain sight. See United States v. Turner, 553 F...continue to full post

Full post as published by Fourth Amendment on July 12, 2009 (boomark / email).