D.Utah: Man had standing in live-in girlfriend’s car

Man had standing in his live-in girlfriend’s car. They shared a residence, had a child together, and he always had access to the car, even though it was registered to her. United States v. Lopez-Ayola, 2014 U.S. Dist. LEXIS 72085 (D. Utah May 27, 2014):

Here, Mr. Lopez-Ayola presents facts establishing a reasonable expectation of privacy. Mr. Lopez-Ayola and Ms. Aranda shared a common residence, a child, and access to the Jetta, which Mr. Lopez-Ayola purchased for Ms. Aranda’s use. Although Ms. Aranda was the primary driver and registered owner, officers observed Mr. Lopez-Ayola driving the vehicle in the weeks prior to the search. Thus, the court concludes that Mr. Lopez-Ayola has a legitimate possessory interest and a reasonable expectation of privacy in the Jetta. See, e.g., United States v. Posey, 663 F.2d 37, 41 (7th Cir. 1981) (finding defendant had an expectation of privacy in an automobile owned by his wife where defendant had permission to use the vehicle).

Accordingly, Mr. Lopez-Ayola has standing to challenge the search of the Jetta.