· 8/22/1985
United States v. Jaime Gomez
Citations
- 770 F.2d 251
- 1985 U.S. App. LEXIS 22366
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- proof of standing is an essential element of any motion to suppress and, thus 1
- failure to present evidence of standing by the date required by Rule 12(b)(3) was defendant’s failure, not the Government’s — defendant had the burden of establishing standing
- the defendants must bear the loss of any failure to present timely standing submissions where they have been afforded ample opportunity to prepare and present their Fourth Amendment claims
- “Thus, there was no evidence that appellant had possession or control of the premises. Nor did [he] provide evidence of his ability to exclude others from use of the property.”
- Rule 12 implements an \important social policy\; waiver results absent compliance
Source: CourtListener parenthetical corpus (CC0).
Judges: Bownes, Rubin, Torruella
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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