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TX: Resolving standing unnecessary where third party clearly consented

By John Wesley Hall, Jr.

The question of defendant's standing to contest the search of the apartment he allegedly was staying in was not the point. The apartment could legitimately be searched under the tenant's consent because, regardless of defendant's standing, she consented to its search. Luna v. State, 2008 Tex. Crim. App. LEXIS 1672 (October 29, 2008).* Defendant was observed by an officer with another in a car pull up next to a woman walking, and they asked her if she wanted to get into the car and smoke crack. She declined. The officer talked to the woman, and she was frightened by the experience and related what happened. That was sufficient showing of reasonable suspicion for a stop of the car under Terry. State v. Lee, 2008 Wash. App. LEXIS 2962 (December 29, 2008): In sum, the trial court in this case properly considered the totality of the circumstances known to the officers at the time of the investigatory detention...continue to full post

Full post as published by Fourth Amendment on January 02, 2009 (boomark / email).