One member of a drug trafficking operation was admittedly just a warehouse worker where the drugs were kept, and the court finds that his connection to the property was not enough to have a reasonable expectation of privacy in the warehouse to have standing. Alternative, the search warrant was issued with probable cause. United States v. Filippi, 2013 U.S. Dist. LEXIS 7850 (S.D. N.Y. January 16, 2013):
In an attempt to make the necessary showing, Burke submitted a declaration stating that he "was employed at, and did work in [the Warehouse] ... during the time periods mentioned." (Burke Decl. ¶ 5.) Such employment, he asserts, "consisted of janitorial type work, including the removal of refuse that had been left in the premises," including "lumber, wire cable, broken or unused electrical and lighting equipment, and small plastic bags of garbage." (Burke Decl. ¶¶ 6-7.)
Under the framework set forth above, Burke's averments are clearly insufficient to establish standing. Burke's responsibilities at the premises, as he describes them, ring of occasional or sporadic, rather than continuous, use.8 He claims no ownership interest in the Warehouse and makes no representation that he exercised exclusive use or control over any specific area; indeed, he mentions no area other than the premises themselves. As such, Burke's suppression motion may be denied on this basis alone.
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