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AK: No standing in cigarette case left in stolen car

By John Wesley Hall, Jr.

Joyriding defendant who claimed she did not know car was stolen had no reasonable expectation of privacy in a cigarette case she left in the backseat. Clark v. State, 2010 Alas. App. LEXIS 50 (May 21, 2010): The prevailing view of cases from other jurisdictions is that a passenger has no expectation of privacy in containers left in a stolen vehicle.FN10 In response, Clark argues that there was no evidence establishing that she knew that Roatch's vehicle was stolen. But that is not the critical question. The critical question is what information was available to Officer Thompson at the time of the search. FN10 See 6 Wayne R. LaFave, Search & Seizure: A Treatise on the Fourth Amendment § 11.3(e), at 206-07 (4th ed. 2004); Nelson v. State, 405 So...continue to full post

Full post as published by Fourth Amendment on May 25, 2010 (boomark / email).