D.N.M.: Where search of backpacks in car was unreasonable, each def only had standing as to his own bag

Defendants were involved in a rollover accident on a New Mexico interstate highway. Another person came to pick them up after they called. The officer on the scene insisted on searching each of the bags that they pulled out of the car to be sure that the bags they had didn’t belong to the owner of the car. The search was illegal, but each defendant only has standing as to his own bag, not that of the co-defendant. United States v. Peery, 2017 U.S. Dist. LEXIS 83015 (D.N.M. Jan. 13, 2017), adopted, 2017 U.S. Dist. LEXIS 82644 (D.N.M. May 31, 2017).

This entry was posted in Standing. Bookmark the permalink.

Comments are closed.