IN: Passenger had no standing to challenge GPS warrant for car

Defendant was the passenger in a car that was operated by a person the police suspected was a serial burglar. They secured a GPS warrant, and they followed the car from a distance. They followed it to another county and saw that it was in parking lots in the middle of the night, maybe casing places to burgle. The two in the car were arrested. Defendant, a mere passenger in the car, had no standing to challenge GPS monitoring of the car under the Fourth Amendment or the Indiana Constituiton. It was owned by the co-defendant’s mother. Sidener v. State, 2016 Ind. App. LEXIS 173 (May 26, 2016).

Officers had reasonable suspicion to detain defendant at a public housing complex for loitering known from drugs and gun violence. When he was encountered, he was asked where he lived and pointed but he couldn’t give an address. His body language and posture suggested he was going to either fight or pull a weapon. His frisk was lawful and produced a gun. Mullen v. State, 2016 Ind. App. LEXIS 171 (May 25, 2016).*

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