SAN DIEGO DISTRICT ATTORNEY The Fourth Amendment and ...

passenger is detained by virtue of being in the car when it is
initially stopped, and held that at least in a private motor
vehicle (as opposed to a taxi, bus, or other common
carrier), the passenger in a vehicle stopped for a possible
traffic infraction is in fact detained, giving him the right
(i.e., standing) to challenge the legality of the traffic stop.
(Brendlin v. California (2007) 551 U.S. 249 [168 L.Ed.2 nd
132].)
The owner of a vehicle, but who takes steps to disassociate
himself from the vehicle by having someone else pay cash
for the car and then putting the car and other documentation
in the other person’s name (done because the defendant
knew the car would be used to transport controlled
substances), does not have standing to challenge an illegal
entry into the car for the purpose of installing a GPS to
track the vehicle. (People v. Tolliver et al. (2008) 160
Cal.App.4 th 1231, 1236-1241.)
Residential Visitors:
An overnight guest in a residence does have standing to
contest an unlawful search. (Minnesota v. Olson (1990)
495 U.S. 91 [109 L.Ed.2 nd 85]; People v. Hamilton (1985)
168 Cal.App.3 rd 1058; Espinosa v. City and County of San
Francisco (9 th Cir. 2010) 598 F.3 rd 528, 533-534.)
As an “occasional” guest at his girlfriend’s
apartment, defendant had standing to challenge the
entry of his girlfriend’s bedroom where the two of
them stayed together, along with the search of his
gym bag he kept under the bed. (United States v.
Davis (9 th Cir. 2003) 332 F.3 rd 1163, 1167-1168.)
The estranged husband, when he regularly visited
overnight with his children, had a key and unrestricted
access, kept personal papers and clothing in a bedroom, and
was present at the time of the search, has standing. (People
v. Koury (1989) 214 Cal.App.3 rd 676, 688.)
A Babysitter during the time he or she is engaged in
babysitting activities has standing. (People v. Moreno
(1992) 2 Cal.App.4 th 577, 579, 587.)
© 2011 Robert C. Phillips. All rights reserved
Simple, casual visitors in a place being searched do not
normally have standing. (People v. Nelson (1985) 166
221