W.D.Ky.: Where def stole wife’s car, his marital interest in it alone was not standing

Where defendant stole the car he was driving from his wife, his mere ownership interest in the vehicle by marital property is not enough to establish standing. United States v. Williams, 2015 U.S. Dist. LEXIS 95190 (W.D.Ky. July 22, 2015), R&R 2015 U.S. Dist. LEXIS 95381 (W.D.Ky. January 14, 2015):

The Government argued that the Defendant has no privacy interest in the vehicle because it belonged to his wife, he stole it from her, and he had no property or possessory interest in the vehicle. The Defendant argues in his Objections that Kentucky’s marital property laws provide the Defendant with sufficient ownership/possessory interest to establish standing. (Docket No. 49). The Court agrees with the Magistrate’s recommendation stating that this does not provide the Defendant with a sufficient interest to establish standing. Further, the Court notes that “ownership interest is only one fact to be considered and standing alone will not give defendant a reasonable expectation of privacy.” See United States v. Metzger, 778 F. 2d 1195 (6th Cir. 1985) (“We fail to see how defendant, absent more than an ownership interest, had a reasonable expectation of privacy in his wife’s personal vehicle.”); Rawlings v. Kentucky, 448 U.S. 98, 105-7 (1980).