Defendant driving a borrowed car had and showed standing without having to call the owner as a witness. United States v. Pettit, 2013 U.S. Dist. LEXIS 143353 (D. Utah October 2, 2013):<\/p>\n
The Court concludes that Mr. Pettit has standing to challenge the search of the vehicle he was driving. He was the driver and sole occupant of the car. He informed Trooper Simpson that it was not his car, but that he was driving the car with permission from the owner. He offered Trooper Simpson a viable explanation for having possession of the vehicle and he produced the car’s registration. 2 No attempt was made to contact the owner to verify that explanation. When asked, Mr. Pettit informed Trooper Simpson that he had personal belongings in the car’s trunk, thereby asserting ownership over those belongings. In the Court’s view, Mr. Pettit’s expectation of privacy in the car’s trunk is subjectively reasonable, and it is objectively reasonable for society to recognize that expectation.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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