TX: There is standing in a borrowed vehicle

One who legitimately borrows a vehicle has standing to challenge its stop and search. Here, however, defendant fled from the van thereby abandoning it. The stop was reasonable, and flight added to the reasonable suspicion. Matthews v. State, 2014 Tex. Crim. App. LEXIS 820 (June 11, 2014):

We granted review to determine (1) whether a person who legitimately borrows a vehicle has standing to challenge its search, and (2) if appellant’s initial and continued detention was supported by reasonable suspicion. We conclude that, although appellant originally had standing to challenge the search of the borrowed van, he abandoned any expectation of privacy (and hence his standing) when he fled from the officers and the van. Second, the officers had reasonable suspicion to detain appellant that was not based solely on the anonymous tip, and appellant’s act of fleeing increased their suspicion and further justified his continued detention to await the arrival of a drug dog.

This entry was posted in Abandonment, Standing. Bookmark the permalink.

Comments are closed.