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CA7: Denial of § 2255 reversed where defense counsel failed to recognize standing in a borrowed car

By John Wesley Hall, Jr.

District Court's denial of defendant's § 2255 was reversed. Defense counsel's choice to waive the motion to suppress because defendant was a borrower of the car he was driving was unreasonable because defendant showed that he had a reasonable expectation of privacy in the car. Johnson v. United States, 2010 U.S. App. LEXIS 9867 (7th Cir. May 14, 2010): It is well-established that a driver of a borrowed vehicle may establish a reasonable expectation of privacy in a vehicle even though that driver is not the owner of the vehicle. See United States v. Garcia, 897 F.2d 1413, 1418-19 (7th Cir. 1990); United States v. Thomas, 447 F.3d 1191, 1197-98 (9th Cir. 2006); United States v. Soto, 988 F.2d 1548, 1553 (10th Cir. 1993); United States v...continue to full post

Full post as published by Fourth Amendment on May 17, 2010 (boomark / email).