Merely being the driver of a car does not give standing to challenge its search. United States v. Vasquez, 2007 U.S. Dist. LEXIS 18882 (D. Utah March 15, 2007):
Notably, a defendant bears the burden of showing he satisfies the standing requirements. Allen, 235 F.3d at 489 (“[I]n order for a defendant to show such an expectation of privacy in an automobile, the defendant bears the burden at the suppression hearing to show a ‘legitimate possessory interest in or [a] lawful control over the car.'”) (quoting United States v. Gama-Bastidas, 142 F.3d 1233, 1239 (10th Cir 1998)). For vehicular searches, “[w]here the proponent of a motion to suppress is the car’s driver but not the registered owner, mere possession of the car and its keys does not suffice to establish a legitimate possessory interest ….” United States v. Valdez Hocker, 333 F.3d 1206, 1209 (10th Cir. 2003). Although “a defendant need not submit legal documentation showing a chain of lawful custody from the registered owner to himself,” id., he “must at least state that he gained possession from the owner or someone with authority to grant possession.” United States v. Arango, 912 F.2d 441, 445 (10th Cir. 1990).
Courts consider three factors to determine if a defendant satisfied his burden. Namely, “(1) whether the defendant asserted ownership over the items seized from the vehicle; (2) whether the defendant testified to his expectation of privacy at the suppression hearing; and (3) whether the defendant presented any testimony at the suppression hearing that he had a legitimate possessory interest in the vehicle.” Allen, 235 F.3d at 489. Under this standard, when a defendant “claim[s] that he personally obtained possession from the registered owner … he would ‘plainly ha[ve] a reasonable expectation of privacy in the vehicle and standing to challenge the search of the vehicle.'” Valdez Hocker, 333 F.3d at 1209 (quoting United States v. Rubio-Rivera, 917 F.2d 1271, 1275 (10th Cir. 1990)).
The first two factors cut strongly against Mr. Vasquez’s standing to challenge the constitutionality of the search and seizure. He did not assert ownership of the narcotics seized or testify at the evidentiary hearing. n6 But Mr. Vasquez told the police that Ms. Shoup–his girlfriend–loaned him her car. Although not offered by the defense, this evidence shows Mr. Vasquez claimed a legitimate possessory interest in the car. And no evidence disputes Ms. Shoup as the legal owner or contradicts Mr. Vasquez’s relationship with Ms. Shoup.
. . .
The court assumes, without deciding, that Mr. Vasquez has standing to challenge the search and seizure of the vehicle.
[And the defendant loses on the merits of the search.]
Court finds that defendant’s consent was voluntary based on his age and education, having an engineering degree. All the factors of voluntariness were found against him, including whether certain statements were made about getting a search warrant if he did not consent. United States v. Stierhoff, 477 F. Supp. 2d 423 (D. R.I. 2007).
Officer was not required to pursue the course of lesser intrusive means of determining whether defendant’s driver’s license was suspended. Officer had been told that earlier by defendant’s parole officer, and he could rely on that in making the stop and then seeking confirmation. State v. Batts, 281 Conn. 682, 916 A.2d 788 (2007).*
Defendant clearly and unequivocally denied officers consent to enter, but they did anyway. The trial court’s finding that defendant refused to consent was fully supported by the record. People v. Mikrut, 371 Ill. App. 3d 1148, 309 Ill. Dec. 717, 864 N.E.2d 958 (2d Dist. 2007).*
911 hearsay about a death was significantly corroborated to show probable cause. State v. Foy, 862 N.E.2d 1219 (2007):
The information provided by the 911 dispatcher derives from Jones’s 911 call. Jones informed the 911 dispatcher that: she, Diane, and Foy were in the Foys’ residence; she believed Diane was dead (although Diane had yet to be pronounced dead); Foy claimed he found Diane floating face-down in a nearby pond; Diane had bruises on her arm and a contusion on her head; and Foy had somehow harmed Diane. While the affidavit does not indicate whether Jones was a “professional informant” or known to the police before the investigation, the probable cause affidavit shows that her statements were corroborated by further police investigation, which demonstrates the trustworthiness of the information she provided. See State v. Spillers, 847 N.E.2d 949 (independent police investigation corroborates the informant’s statements). Further, the basis for Jones’s knowledge was her personal observation. See id. (some basis for the informant’s knowledge is demonstrated). This hearsay, therefore, cannot be characterized as uncorroborated, and the trustworthiness of the hearsay was sufficiently established. See Soliz v. State, 832 N.E.2d 1022 (Ind. Ct. App. 2005) (probable cause existed for issuance of search warrant where first-time informant’s statements were corroborated by police), trans. denied. Additionally, we note “[i]t is well settled that police officers may rely upon dispatches from their own and other departments.” State v. Hornick, 540 N.E.2d 1256, 1258 (Ind. Ct. App. 1989).
McCord’s affidavit is also based upon information provided to him by other officers, whom he refers to as “first responding officers” or “first responders”. See, e.g., Appellant’s Appendix at 21. Those officers informed McCord that, upon their arrival: “there existed a bloody cloth lying near or about [Diane], and that having last viewed [] Foy leaving the room, first responders noted the absence of that bloody cloth.” Id. We first note that, although the “first responding officers” did not testify in front of the issuing magistrate, “the existence of probable cause to arrest is determined upon the basis of the collective information known to the law enforcement organization[.]” State v. Hornick, 540 N.E.2d at 1258. Additionally, the first responding officers personally observed Foy at the Foys’ residence. This hearsay, therefore, was sufficiently trustworthy. See State v. Hornick, 540 N.E.2d 1256 (suppression of evidence clearly erroneous because officers’ observations established probable cause).
Finally, McCord’s affidavit is based in part upon statements made by emergency and ambulance personnel. Specifically, emergency and ambulance personnel informed McCord that: Foy had “a red substance” on his clothing and skin and “appeared to have abrasions on … his hands[,]” Appellant’s Appendix at 22; Diane’s body and clothing were dry; and Diane’s injuries were inconsistent with Foy’s assertion regarding her cause of death (i.e., drowning) because Diane’s lungs contained no water. The basis of the emergency and ambulance personnel’s knowledge was their personal observations of Diane and conclusions drawn therefrom, which demonstrates trustworthiness and supports the finding of probable cause. See State v. Spillers, 847 N.E.2d 949 (some basis for the informant’s knowledge is demonstrated).
This case is wholly dissimilar from those involving an anonymous or confidential, unnamed informant in which the reliability of hearsay information is often dubious or, at least, reasonably in doubt. To the contrary, the hearsay information in this case came from law enforcement officers, emergency and medical professionals, and someone in the alleged victim’s home who called 911 seeking medical help rather than to report criminal activity. The information provided a sufficient basis of fact to permit a reasonably prudent person to believe a search of the Foys’ residence would uncover evidence of a crime.
