Carjacker's Use Of Uncle's Phone Implicates Business Rights
Law360, New York ( October 7, 2015, 11:20 AM EDT) -- A carjacking case out of district court in Michigan makes for an uncommon backdrop in the white collar section of a legal publication, but as unlikely as that may be, that is where we begin. The case at issue, United States v. Scott, involves a defendant indicted for making a false statement to law enforcement about whether he possessed a mobile phone used by a suspected carjacker. The defendant, Curtis Scott, sought to suppress evidence taken from the phone based on his status as the phone's subscriber and account owner. Scott's problem? He had given the phone to his nephew, who was the one using it. In rejecting Scott's motions to suppress the evidence seized from the phone, the court held that without more, the "subscriber" of a mobile phone given to a third party lacks standing to challenge the admission of evidence taken from the phone....
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