SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

People v. Stewart (2003) 113 Cal.App.4 th 242, 250; In re
Rudy F. (2004) 117 Cal.App.4 th 1124, 1132.)
On Appeal: Whether or not an individual’s expectation of privacy
was objectively reasonable is reviewed by an appellate court “de
novo.” (United States v. Bautista (9 th Cir. 2004) 362 F.3 rd 584,
588-589.)
Standing; Examples:
Vehicles:
The owner, or a borrower of vehicle with the owner’s
permission (i.e., a person in lawful possession), has
standing to challenge the search of the vehicle. (People v.
Leonard (1987) 197 Cal.App.3 rd 235, 238; People v.
Nelson (1985) 166 Cal.App.3 rd 1209; United States v.
Kovac (9 th Cir. 1986) 795 F.2 nd 1509, 1510-1511, owner;
United States v. Portillo (9 th Cir. 1980) 633 F.2 nd 1313,
1317, borrower.)
A passenger in a vehicle that he neither owns nor leases
lacks standing to object to a search of areas within the
vehicle, such as the glove compartment, the trunk, or
underneath the seat. (Rakas v. Illinois (1978) 439 U.S. 128
[58 L.Ed.2 nd 387]; United States v. Portillo (9 th Cir. 1980)
633 F.2nd 1313, 1317; United States v Pulliam (9 th Cir.
2005) 405 F.3 rd 782, 785-786.)
But, the passenger as well as the driver has standing
to object to the basis for a vehicle’s initial stop or
detention. (Brendlin v. California (2007) 551 U.S.
249 [168 L.Ed.2 nd 132].); see also People v.
Lionberger (1986) 185 Cal.App.3 rd Supp. 1; United
States v. Twilley (9 th Cir. 2000) 222 F.3 rd 1092,
1095; United States v. Colin (9 th Cir. 2002) 314
F.3 rd 439, 442-443; People v. Lamont (2004) 125
Cal.App.4 th 404.)
© 2012 Robert C. Phillips. All rights reserved
One who steals a car (People v. Shepherd, supra.) or who
is simply an occupant of a stolen car (People v. Catuto
(1990) 217 Cal.App.3 rd 714; People v. Melnyk (1992) 4
Cal.App.4 th 1532, 1533.), or is caught driving a stolen
vehicle (People v. Carter (2005) 36 Cal.4 th 1114, 1139-
1142.) that is later searched, has no standing to challenge
the later search of that car.
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