Can a car passenger claim privacy regarding the searched car?

Posted by on January 3, 2018 in #DUIdata, Uncategorized | 0 comments

Can a car passenger claim privacy regarding the searched car?

Can a car passenger claim privacy regarding the searched car?

From Brewer v. Superior Court, Court of Appeals of California, First District, Division Four, filed 11/6/17, 16 Cal App 5th 1019:

It’s a new issue, and the answer is yes, a passenger can claim privacy even if he’s just the passenger of a vehicle. The issue as the Court states it: may a defendant “move to suppress evidence as the fruit of an unlawful detention even if the defendant lacked an expectation of privacy in the vehicle where the evidence was found.” “Although the high court was not called upon to address whether the passenger could challenge any evidence found in a subsequent search as fruit of an unlawful traffic stop, it strongly implied that a passenger could make such a challenge.”

Here, the Court does not suppress the evidence, but rather decides this sole issue that Defendant can claim privacy. And then they boot it back to the Trial Court to address any remaining issues.

 

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Per California Rules of Professional Conduct, although I try to simply make them informative and entertaining, some persons may take it as a legal solicitation.  It’s not, and it does not in any way form any kind of attorney-client relationship with whoever reads it.

Eric Ganci, Esq., DUI trial lawyer

GANCI, ESQ., APC

Cell: 760-216-4941

Email: Eric@GanciEsq.com

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    Eric Ganci

    Eric Ganci practices in DUI defense, with a focus on science and trial work. He was awarded the “Lawyer-Scientist” designation by the American Chemical Society, Chemistry and the Law Section. Eric teaches with the Trial Lawyers College and is a founding member of the DUI Defense Lawyers Association.

    He earned his JD from Thomas Jefferson School of Law and his BA in Music Education from Northern Illinois University.
    Eric Ganci

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