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IL explains Gant does not protect where no "standing"

By John Wesley Hall, Jr.

Defendant hid his fake IDs in his girlfriend's purse, which were found during a search incident of her purse after defendant's arrest in his car. "This case presents the issue of whether an arrested occupant of a vehicle has a fourth amendment right to suppress the contents of a container that was searched without a warrant and without consent after a nonarrested occupant of the vehicle removed the container from the passenger compartment during the traffic stop. The State argues that Officer Bird's search of Rivera's purse was lawful as incident to defendant's arrest." While the SI of her purse violated Gant, this is a near replica of Rawlings, and defendant had no standing to challenge that search. People v. Frias, 2009 Ill. App. LEXIS 700 (July 23, 2009): Our consideration of the factors leads us to conclude that defendant lacked a legitimate expectation of privacy in the purse...continue to full post

Full post as published by Fourth Amendment on August 07, 2009 (boomark / email).