{"id":13764,"date":"2014-10-17T01:20:44","date_gmt":"2014-10-17T06:20:44","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=13764"},"modified":"2014-10-16T18:58:12","modified_gmt":"2014-10-16T23:58:12","slug":"co-while-defendant-was-not-an-authorized-driver-of-a-rental-car-she-had-standing-in-her-own-packages-in-the-car","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=13764","title":{"rendered":"CO: While defendant was not an authorized driver of a rental car, she had standing in her own packages in the car"},"content":{"rendered":"<p>Although defendant was not an authorized driver of the rental car stopped by police for a traffic violation, defendant had a legitimate expectation of privacy in the gift-wrapped packages in that car, which she continually asserted were hers and were being taken to her daughter, and thus, defendant had standing to challenge the trooper&#8217;s search of those packages. <a href=\"http:\/\/www.courts.state.co.us\/userfiles\/file\/Court_Probation\/Supreme_Court\/Opinions\/2014\/14SA71.pdf\">People v. Sotelo<\/a>, 2014 CO 74, 2014 Colo. LEXIS 876 (October 14, 2014).<\/p>\n<p>This was an excessive force case tried to the court without a jury. Based on the conflicting testimony, the court can\u2019t say that the defense verdict was unsupported. <a href=\"http:\/\/www.la-fcca.org\/opiniongrid\/opinionpdf\/2014%20CA%200102%20Decision%20Appeal.pdf\">Williams v. Dohm<\/a>, 2014 La. App. LEXIS 2475 (La.App. 1 Cir. October 14, 2014).*<\/p>\n<p>Defendant\u2019s search and other claims can\u2019t be brought as a successive petition where he was already denied a COA. <a href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/141877np.pdf\">United States v. Banks<\/a>, 2014 U.S. App. LEXIS 19726 (3d Cir. October 15, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Although defendant was not an authorized driver of the rental car stopped by police for a traffic violation, defendant had a legitimate expectation of privacy in the gift-wrapped packages in that car, which she continually asserted were hers and were &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=13764\">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":[52,34],"tags":[],"class_list":["post-13764","post","type-post","status-publish","format-standard","hentry","category-excessive-force","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13764","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=13764"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13764\/revisions"}],"predecessor-version":[{"id":13765,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/13764\/revisions\/13765"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=13764"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=13764"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=13764"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}