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D.Kan.: Defendant who borrowed a car failed to show standing

By John Wesley Hall, Jr.

Defendant driving a borrowed car failed to show standing. United States v. Maldonado, 2009 U.S. Dist. LEXIS 76360 (D. Kan. August 26, 2009): Here, it is uncontested that neither defendant owned or leased the vehicle. Instead, defendants assert only that the vehicle belonged to a friend, their boss. "[A] defendant need not submit legal documentation showing a chain of lawful custody from the registered owner to himself." Hocker, 333 F.3d at 1209. Where, as here, "the proponent of a motion to suppress is … not the registered owner … the proponent bears the burden of establishing 'that he gained possession from the owner or someone with authority to grant possession.'" Id. (quoting United States v. Arango, 912 F.2d 441, 445 (10th Cir...continue to full post

Full post as published by Fourth Amendment on August 29, 2009 (boomark / email).