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S.D.Tex.: Defendant had standing to challenge search of her own purse; when she was in the police car, SI was improper

By John Wesley Hall, Jr.

While defendant may not have had standing to challenge the search of the car she was driving, she certainly did in her own purse in the car. The search of the car was also unjustified under Gant. United States v. Oliva, 2009 U.S. Dist. LEXIS 57293 (S.D. Tex. July 1, 2009): However, defendant's lack of possessory interest in the car does not end the standing inquiry. The evidence defendant seeks to suppress--the marijuana--was found in her purse when officers searched the vehicle. The Supreme Court has held that a bus passenger has a legitimate expectation of privacy in his luggage. Bond v. United States, 529 U.S. 334, 336, 120 S. Ct. 1462, 146 L. Ed. 2d 365 (2000) ("Indeed, it is undisputed that petitioner possessed a privacy interest in his bag...continue to full post

Full post as published by Fourth Amendment on July 10, 2009 (boomark / email).