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Criminal Procedure Keyed to Dressler
Rakas v. Illinois
Citation:
439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387.Facts
The officer spotted an automobile which he thought might be the getaway car to a recent robbery of a clothing store. After following the car, he and several other officers stopped the vehicle. The occupants of the automobile, the defendants and two female companions, were ordered out of the car and two officers searched the interior of the vehicle. They discovered a box of rifle shells and a sawed-off rifle. Neither of the defendants were the driver. They conceded that they did not own the car nor did they claim to own the shells or the rifle.
The defendants were charged with the armed robbery. They filed a motion to suppress the rifle and shells seized from the car on the ground that the search violated the Fourth Amendment. The prosecutor challenged the defendants’ standing to object to the lawfulness of the search of the car because neither the car, the shells, nor the rifle belonged to them. The trial court agreed that the defendants lacked standing and denied the motion. They were convicted after a trial. The Appellate Court of Illinois affirmed.
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