California Court of Appeal

Following the trial court's denial of defendant's motion to suppress evidence of methamphetamine and drug paraphernalia found on the floor in the rear passenger area of his car, based on a search premised on the parolee status of a passenger in defendant's car, conviction of defendant of four misdemeanors pursuant to a guilty plea is reversed as a mere passenger in a vehicle, who claims neither a possessory nor property interest therein, lacks the "common authority" over the vehicle which would allow him either to consent or object to its search. Thus, the parole status of such a passenger cannot be relied upon as the sole basis to justify such a search.

Appellate Information

• Decided 08/18/2010
• Published 08/18/2010

Judges

• BEDSWORTH

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• William D. Farber, Edmund G. Brown, Jr