Observations of the legal scene from the Cornhusker State, home of Roscoe Pound and Justice Clarence Thomas' in-laws, and beyond.
Monday, March 27, 2006
USA v. Dewayne A. Green No.053073P.pdf 03/27/06 District of Nebraska Defendant challenged search that resulted in police finding crack cocaine under passenger seat the defendant was in. The driver although pulled over without Terry reasonable suspicion consented to search of the vehicle. The Eighth Circuit finds that the driver's consent to search applied to the area under the defendant's passenger seat as he had no legitimate expectation of privacy there. argument is flawed, because the discovery of
the crack cocaine under his seat resulted from Folino’s independent consent to search
the vehicle, not from Green’s unlawful detention.Because Green did not have a legitimate expectation of privacy in the area
under the seat of that car, see Rakas v. Illinois, 439 U.S. 128, 148-49 (1978), Folino’s
consent was sufficient to purge the taint of any alleged Fourth Amendment violation.
The district court did not err in denying Green’s motion to suppress.