{"id":40621,"date":"2019-11-12T15:30:38","date_gmt":"2019-11-12T20:30:38","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=40621"},"modified":"2019-11-12T15:30:38","modified_gmt":"2019-11-12T20:30:38","slug":"va-def-lacked-standing-in-the-car-of-his-passenger-he-was-driving","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=40621","title":{"rendered":"VA: Def lacked standing in the car of his passenger he was driving"},"content":{"rendered":"<p>Defendant was driving a car that belonged to his passenger, and it was legitimately stopped because of an expired tag. The court gave a long expos\u00e9 of property rights and standing useful in the future, but not for him because the court ultimately concludes he has no standing in the car. The officer concluded defendant was driving under the influence of drugs and called for a drug dog. The search also would have been valid as an inventory, but not as a search incident as the trial court found. <a href=\"http:\/\/opinions.kycourts.net\/coa\/2018-CA-000477.pdf\">Bolin v. Commonwealth<\/a>, 2019 Ky. App. LEXIS 198 (Nov. 9, 2019).<\/p>\n<p>Officers had authority to search the files on defendant\u2019s electronic devices for photographic evidence of drug crimes, and that led to a valid plain view of child pornography. Commonwealth v. Stanley, 2019 Va. App. LEXIS 260 (Nov. 12, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was driving a car that belonged to his passenger, and it was legitimately stopped because of an expired tag. The court gave a long expos\u00e9 of property rights and standing useful in the future, but not for him because &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=40621\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[59,34],"tags":[],"class_list":["post-40621","post","type-post","status-publish","format-standard","hentry","category-scope-of-search","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40621","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=40621"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40621\/revisions"}],"predecessor-version":[{"id":40622,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/40621\/revisions\/40622"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=40621"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=40621"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=40621"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}