{"id":64383,"date":"2026-07-06T00:00:00","date_gmt":"2026-07-06T05:00:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64383"},"modified":"2026-07-06T08:09:56","modified_gmt":"2026-07-06T13:09:56","slug":"tx1-defendant-had-no-rep-in-a-package-of-drugs-he-never-possessed-and-on-another-person","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=64383","title":{"rendered":"TX1: Defendant had no REP in a package of drugs he never possessed and on another person"},"content":{"rendered":"\n<p>Defendant lacked standing to suppress 4,100 grams of ketamine seized from Brown because he never possessed the package, had no reasonable expectation of privacy in package of drugs carried by Brown, and the ketamine was recovered away from him during Brown&#8217;s separate arrest outside the Holiday Inn. But, law enforcement lacked probable cause to arrest him because he merely drove Brown to the Holiday Inn, parked, walked behind the hotel, returned with a water bottle, and appeared nervous when confronted by police \u2013 conduct consistent with innocent activity that did not establish criminal behavior. Akinrinlola v. State, 2026 Tex. App. LEXIS 4935 (Tex. App. \u2013 Houston (1st Dist.) May 28, 2026)<\/p>\n\n\n\n<p>The statement in the affidavit for BAC warrant was accurate because it was what the officer was told, even if he had no personal knowledge that alcohol could be smelled on defendant in the ambulance. State v. Berretta, 2026 Tenn. Crim. App. LEXIS 410 (June 30, 2026).*<\/p>\n\n\n\n<p>Defendant lacked standing to challenge the search of the car he was a passenger in. Besides, in the bodycam video, he denies ever being in the car. United States v. Thompson, 2026 U.S. Dist. LEXIS 147854 (D.D.C. July 3, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant lacked standing to suppress 4,100 grams of ketamine seized from Brown because he never possessed the package, had no reasonable expectation of privacy in package of drugs carried by Brown, and the ketamine was recovered away from him during &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=64383\">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":[20,18,34],"tags":[],"class_list":["post-64383","post","type-post","status-publish","format-standard","hentry","category-probable-cause","category-reasonable-expectation-of-privacy","category-standing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64383","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=64383"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64383\/revisions"}],"predecessor-version":[{"id":64384,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64383\/revisions\/64384"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64383"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64383"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64383"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}