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KS: Driver has standing to challenge search of a car

By John Wesley Hall, Jr.

Defendant was a passenger in a car and was ordered out and to put his hands on the roof. He was patted down and no weapon was found. A further search was unjustified, and it was suppressed. The patdown revealed no weapon or apparent contraband. On the state's argument that the defendant was guilty of constructive possession, there was no evidence that the defendant could even see what was hidden in the car. Wynn v. State, 2009 Fla. App. LEXIS 7254 (2DCA June 10, 2009).* The driver of a car, with the apparent consent of the owner, has a sufficient privacy interest in the car to contest the stop and search of the car. The weapons search of the car was justified under Long because the car was stopped on suspicion of aggravated battery and an occupant being on federal supervised release for drugs...continue to full post

Full post as published by Fourth Amendment on June 21, 2009 (boomark / email).