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Home / Opinions / Courts / 8th U.S. Circuit Court of Appeals / Criminal Law : Investigative Stop –  Trunk Search –  Standing

Criminal Law : Investigative Stop –  Trunk Search –  Standing

(1)Where defendants involved in a bank robbery challenged a vehicle stop, reasonable suspicion supported the investigative stop under the totality of the circumstances, and the defendants did not show that the stop was unconstitutionally prolonged, so the judgment is affirmed.

(2)Where defendants in a bank robbery case challenged the search of a trunk where they were found hiding, the driver of the vehicle lacked permission to drive the car and she failed to otherwise establish an expectation of privacy, so the driver-defendant lacked standing to challenge the search, and the other defendant’s claim that he had borrowed the car before did not create an expectation of privacy since the permission was very limited.

Judgment is affirmed.

U.S. v. Mosley (MLW No. 71300/Case No. 16-4379 – 15 pages) (U.S. Court of Appeals, 8th Circuit, Gruender, J.) Appealed from U.S. District Court, Northern District of Iowa, Strand, J. (Cory Jon Goldensoph, Cedar Rapids, Iowa; Heather Quick,  Cedar Rapids, Iowa; and Dennis E. McKelvie, Grinnell, Iowa, argued for appellants) (Dan Chatham, Cedar Rapids, Iowa, argued for appellee; Anthony Morfitt appeared on the brief).

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