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D.V.I.: Effort to show no connection to drugs showed no standing

By John Wesley Hall, Jr.

Defendant’s effort to distance himself from the premises searched ended up denying him standing. United States v. Xavier, 2010 U.S. Dist. LEXIS 8786 (D.V.I. February 2, 2010)*: Here, rather than show a legitimate expectation of privacy in the searched residence, Defendant has done just the opposite. Defendant's Motion for Reconsideration is premised on the notion that “he does not reside at # 10 Estate Humbug.” (Defendant's Memorandum of Law in Support of Motion for Reconsideration 5.) Indeed, the affidavits and exhibits tendered by the Defendant are all offered to show that he did not reside at No. 10 Estate Humbug. While the searched residence may be the home of Defendant's wife, Brendacia Xavier, Defendant offers no evidence from which this Court can deduce that he had possession, control, or dominion over No...continue to full post

Full post as published by Fourth Amendment on February 05, 2010 (boomark / email).