D.Md.: Driver of stolen car failed to show standing to challenge placement of GPS

Defendant failed to show he had standing to contest placement of a GPS on a stolen vehicle that was allegedly used in a bank robbery. United States v. Davis, 2011 U.S. Dist. LEXIS 145444 (D. Md. December 19, 2011):

Defendant asserted in his motion papers that “[a]t a hearing on this motion, the evidence will show that the defendant was not involved with the alleged theft of the automobile, and in fact he purchased the automobile from a third party months after the vehicle is alleged to have been reported stolen.” (ECF No. 57, at 10). No such evidence was presented at the hearing, however. The court raised the possibility that although Defendant had no standing to contest the placement of the GPS device, he might nevertheless have standing with respect to the monitoring of the movement of the Charger. The United States Court of Appeals for the Fifth Circuit made this distinction in United States v. Hernandez, 647 F.3d 216 (5th Cir. 2011). In that case, the court held that the defendant lacked standing to challenge the placement of a GPS device on the undercarriage of his brother’s truck, but did have standing to challenge “the use of the GPS device to follow the truck’s path.” Hernandez, 647 F.3d at 220. That distinction was based, however, on the fact that the defendant was driving the truck with his brother’s permission. See id. (quoting United States v. Lee, 898 F.2d 1034, 1038 (5th Cir. 1990) (“where a person has borrowed an automobile from another, with the other’s consent, the borrower becomes a lawful possessor of the vehicle and thus has standing to challenge its search.”)). Here, Defendant has not established that he had a reasonable expectation of privacy in the Dodge Charger or the monitoring of its movement on the highways. Thus, he lacks standing to bring his Fourth Amendment challenge, and the court does not reach the question of whether the Government’s search was reasonable.