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

Criminal Law

: Fourth Amendment

E.D.N.Y.: One always has standing to challenge the search of his person

By John Wesley Hall, Jr.

Defendant had “standing” to challenge a search of his person, and it is irrelevant to standing that he denies ownership of a gun found on his person. United States v. Morgan, 2010 U.S. Dist. LEXIS 111120 (E.D. N.Y. June 22, 2010): Moreover, a defendant is not required to have an expectation of privacy in the evidence seized in a search. Here, Morgan challenges the stop of his person and may seek to suppress the evidentiary fruits of that seizure under the “fruit of the poisonous tree” doctrine regardless of whether he would otherwise have standing to challenge the seizure of the gun itself. ... The defendant need only assert that his Fourth Amendment rights were violated with regard to the poisonous tree, here the stop, and not separately regarding the evidence which constitutes the fruit of that poisonous tree, the gun...continue to full post

Full post as published by Fourth Amendment on October 23, 2010 (boomark / email).