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D.Nev.: Even one without standing in a vehicle he was driving has standing to challenge the stop

By John Wesley Hall, Jr.

Defendant could not show standing to challenge the search of a vehicle by his mere possession of an allegedly borrowed vehicle without showing the authority of the person who allegedly loaned it to him. However, he still has standing to challenge the stop even if the person who loaned it to him stole it. United States v. Gardeley, 2010 U.S. Dist. LEXIS 64260 (D. Nev. May 11, 2010): Gardeley does not own the vehicle, nor has he established that he was in lawful possession of the vehicle. Although Gardeley claims he was given permission by a friend to use the vehicle, he has failed to show that the friend had authority to give that permission. There is nothing in the record indicating that Gardeley's friend owned the vehicle or was in lawful possession of the vehicle prior to giving Gardeley permission to use it...continue to full post

Full post as published by Fourth Amendment on July 01, 2010 (boomark / email).