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D.Kan.: Person who borrowed truck had standing

By John Wesley Hall, Jr.

Person who was loaned a truck had a sufficient possessory interest for standing. The stop was found otherwise valid, and the video show defendant nodding his consent. United States v. Sanchez-Perez, 2010 U.S. Dist. LEXIS 62773 (D. Kan. June 23, 2010): Here, defendant accurately gave the owner’s name, said the owner was his cousin, and said the owner had loaned him the truck. A computer check revealed that the automobile had not been reported stolen, and the insurance, although expired, was in the name of the person defendant said was his cousin who loaned him the truck. These facts are sufficient to establish a valid possessory interest in the truck, supporting defendant’s challenge to his detention and to the search of the truck...continue to full post

Full post as published by Fourth Amendment on June 27, 2010 (boomark / email).