Friday, October 12, 2012

Defendant had standing to challenge an illegal search and seizure (10 12 12)

Defendant was staying with his girlfriend at the DMHA. His girlfriend was the tenant. He was an "overnight guest." And as an "overnight guest" the defendant had standing to challenge the search and seizure of the apartment by the DMHA Police Task Force. The trial judge found that the defendant was not an "overnight guest" and overruled his motion to suppress. The Second District Court of Appeals for Montgomery County disagreed. The Appeals Court found that the tenant’s testimony was undisputed and established that the defendant was an overnight guest with "an expectation of privacy in the apartment that society is prepared to recognize as reasonable." The motion to suppress should have been granted. State v. Winston, 2012-Ohio-4743.

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