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OH3: Defendant went to jail, so he lost any standing in place he stayed

By John Wesley Hall, Jr.

Defendant lacked standing to challenge the search of an apartment where he “pretty much lived” and stayed a lot, until he ended up in jail. He was gone from the premises at the time of the search in jail. (Consent issue not decided.) State v. Messenger, 2010 Ohio 479, 2010 Ohio App. LEXIS 399 (3d Dist. February 16, 2010)*: [*P16] Based upon the totality of the circumstances, we cannot conclude that the trial court erred in finding that Messenger failed to establish standing to challenge the constitutionality of the search of Mabe's residence. The facts of this case are analogous to those in Williams, supra. Like the defendant-appellant in Williams, the residence searched belongs to another person (Mabe's mother); Messenger possibly had some personal items (one or two shirts) in the residence; and Messenger was staying somewhere else at the time of the search (jail)...continue to full post

Full post as published by Fourth Amendment on February 17, 2010 (boomark / email).