N.D.Cal.: Lessee of car had standing: “Her actions evinced a possessory interest in the vehicle and its contents”

“The Court finds Defendant had an expectation of privacy because she was the lessee of the rental car. … Although there is some dispute as to whether Defendant renounced control over the car, the Court finds that Defendant’s possessory interest in the car remained intact. Her actions evinced a possessory interest in the vehicle and its contents: she had access to the vehicle, placed items in the trunk, and demonstrated control and ownership over the property. The Court finds Defendant had a sufficient possessory interest over the vehicle’s contents to confer Fourth Amendment standing.” The search was valid under the automobile exception. United States v. Camacho, 2016 U.S. Dist. LEXIS 109390 (N.D.Cal. Aug. 17, 2016).

Defendant’s car was illegally parked with the engine running, the door ajar, and the driver apparently asleep. It took a couple of minutes to rouse the driver and he said he was fine. Officers asked him out of the car and he was unsteady on his feet. He was arrested for DUI and the car was inventoried finding a gun, and defendant was a felon in possession. The stop for the parking violation was reasonable considering the driver might have been in need. State v. Eason, 2016-Ohio-5516, 2016 Ohio App. LEXIS 3393 (8th Dist. Aug. 25, 2016).*