{"id":43717,"date":"2020-05-11T00:01:47","date_gmt":"2020-05-11T05:01:47","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43717"},"modified":"2020-05-10T06:52:04","modified_gmt":"2020-05-10T11:52:04","slug":"d-p-r-def-driver-had-to-somehow-independently-show-ownership-or-control-of-vehicle-for-standing-under-ca1-precedent","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=43717","title":{"rendered":"D.P.R.: Def driver had to somehow independently show ownership or control of vehicle for standing under CA1 precedent"},"content":{"rendered":"\n<p>When the vehicle stopped isn\u2019t owned by the driver, he has to come forward with something showing standing. \u201cHowever, Mr. Hern\u00e1ndez-Mar\u00edn failed to bring testimony other than himself to prove possession, control or ownership of the Dodge RAM pick-up truck he was driving the night of February 16, 2019. In Aguirre, the Court held that because \u2018[t]here was no evidence that Aguirre owned or leased the Mazda, or that it was registered to him. \u2026\u2019 \u2018[the] appellant had no expectation of privacy in the Mazda or its contents, and thus lacked \u201cstanding\u201d to pursue the matter.\u2019 Aguirre, 839 F.2d at 856-57).\u201d He claimed he bought it and had the keys, but had nothing supporting that.  United States v. Hern\u00e1ndez-Mar\u00edn, 2020 U.S. Dist. LEXIS 81803 (D.P.R. May 7, 2020).<\/p>\n","protected":false},"excerpt":{"rendered":"<p>When the vehicle stopped isn\u2019t owned by the driver, he has to come forward with something showing standing. \u201cHowever, Mr. Hern\u00e1ndez-Mar\u00edn failed to bring testimony other than himself to prove possession, control or ownership of the Dodge RAM pick-up truck &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=43717\">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":[34],"tags":[],"class_list":["post-43717","post","type-post","status-publish","format-standard","hentry","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43717","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=43717"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43717\/revisions"}],"predecessor-version":[{"id":43718,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43717\/revisions\/43718"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43717"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43717"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43717"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}