Home -> Law Blog Directory -> Criminal Law Blogs -> Fourth Amendment

Criminal Law

: Fourth Amendment

MD: Regular user of car who helped pay for it and lived with owner had standing to challenge its search

By John Wesley Hall, Jr.

Defendant had standing to contest the search of his fiance's car that somebody else was driving that he help buy where he lived with her, he helped pay for the car, and he was a regular driver. The court found five cases in accord from other jurisdictions. Ford v. State, 2009 Md. App. LEXIS 28 (March 9, 2009): The facts in this case are analogous to--but not exactly the same as--those in Whitehead. Although not married to the owner, Ford had a long-time romantic relationship with the owner and, prior to his arrest, had used the car regularly for almost five years. Ford presented strong circumstantial evidence that he possessed a key to the vehicle because, it will be recalled, he moved the vehicle from the rear of the house to the street in front of the house shortly after his fiance left the premises and prior to her return...continue to full post

Full post as published by Fourth Amendment on March 19, 2009 (boomark / email).