vehicle and standing challenge (Indiana) · Go Syfert
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vehicle and standing challenge in Indiana

5 Indiana opinions name it 2 courts 2008–2020 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Campos v. Stategreen
ind · 2008 · cited in 3 Indiana opinions naming this issue, 2008–2020
2 sentences

2020Based on its determination that “federal precedent addressing standing of a passenger asserting an interest in a searched vehicle is equally applicable under the Indiana Constitution[,]” 1 the court agreed with the Tenth Circuit Court of Appeals that “[w]here the defendant offers sufficient evidence indicating that he has permission of the owner to use the vehicle, the defendant plainly has a reasonable expectation of privacy in the vehicle and standing to challenge the search of the vehicle.” Id. at 598 , 599 (quoting United States v. Rubio-Rivera, 917 F.2d 1271, 1275 (10th Cir. 1990)).

2013Campos v. State, 885 N.E.2d 590, 598-99 (Ind. 2008) (emphasis added) (citations and parentheticals omitted).

23
United States v. Ramon Rubio-Riveragreen
ca10 · 1990 · cited in 3 Indiana opinions naming this issue, 2008–2020
2 sentences

2020Based on its determination that “federal precedent addressing standing of a passenger asserting an interest in a searched vehicle is equally applicable under the Indiana Constitution[,]” 1 the court agreed with the Tenth Circuit Court of Appeals that “[w]here the defendant offers sufficient evidence indicating that he has permission of the owner to use the vehicle, the defendant plainly has a reasonable expectation of privacy in the vehicle and standing to challenge the search of the vehicle.” Id. at 598 , 599 (quoting United States v. Rubio-Rivera, 917 F.2d 1271, 1275 (10th Cir. 1990)).

2012Thus, “‘[w]here the defendant offers sufficient evidence indicating that he has permission of the owner to use the vehicle, the defendant plainly has a reasonable expectation of privacy in the vehicle and standing to challenge the search of the vehicle.’” Id. (quoting Rubio-Rivera, 917 F.2d at 1275 ).

13
Hester v. Stategreen
indctapp · 1990 · cited in 1 Indiana opinions naming this issue, 2008–2008
1 sentence

2008In Hester v. State, the Court of Appeals relied on a presumption that a driver has standing unless there is evidence to the contrary. 551 N.E.2d 1187, 1189 (Ind.Ct.App.1990).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
United States v. Paul Richard Portillo, United States of America v. Daniel C. Montellano green
ca9 · 1980
1 sentence

2012Thus, “‘[w]here the defendant offers sufficient evidence indicating that he has permission of the owner to use the vehicle, the defendant plainly has a reasonable expectation of privacy in the vehicle and standing to challenge the search of the vehicle.’” Id. (quoting Rubio-Rivera, 917 F.2d at 1275 ).

12012–2012

Where else courts name it

OH 6 (1994–2021) IN 5 (2008–2020) MD 2 (1994–2009)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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