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Search and Seizure Vehicle

Posted by John P. Rutkowski | Mar 06, 2019 | 0 Comments

Criminal law -- Search and seizure -- Expectation of privacy -- Vehicle parked within curtilage of mother's home, with drugs in plain view from outside vehicle. Whether defendant had standing to challenge search of vehicle depended upon his status at his mother's house. If on remand trial court concludes that defendant had standing to challenge search and seizure, defendant likewise had expectation of privacy in car located within curtilage of house, and officers were obligated to obtain a warrant prior to searching and seizing the vehicle and the contraband therein. Remand for new suppression hearing, at which standing is to be addressed.

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice and representing clients in three states.


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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.