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Defendant had an expectation of privacy in a borrowed car

By John Wesley Hall, Jr.

Defendant had standing to challenge the search of a car he borrowed but lost the key to and had to leave it in the cemetery where he parked it before he lost the key. It got towed as potentially abandoned because a homicide was nearby. It was not, however, abandoned. United States v. Gonsalves, 2008 U.S. Dist. LEXIS 3454 (D. Haw. January 15, 2008): An ownership interest is not necessary to establish a legitimate expectation of privacy. United States v. Thomas, 447 F.3d 1191, 1198 (9th Cir. 2006). The Ninth Circuit says that a defendant has standing to challenge the search of another's car when that defendant has permission from the owner to use the car, is in possession of the car, and holds a key to the car. United States v. Portillo, 633 F...continue to full post

Full post as published by Fourth Amendment on January 20, 2008 (boomark / email).