QUESTION

Does my husband have standing when being stop and searched by the police when the car he is driving is in my name?

Asked on Mar 15th, 2016 on Criminal Law - Pennsylvania
More details to this question:
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1 ANSWER

Criminal Law Attorney serving Munhall, PA
Partner at Pelger Law
3 Awards
I haven't researched it in a while but I think he has constitutional standing to invoke 4th Amendment rights even if he is not the owner. A tenant has a reasonable expectation of privacy sufficient to invoke the 4th Amendment in his or her apartment. Motor vehicles have less constitutional protection as they are mobile. I still think he has standing but would have to research it to confirm.
Answered on Apr 19th, 2016 at 5:00 AM

William R. Pelger, Attorney Munhall, Pennsylvania 412-461-1900

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