Criminal Law: Traffic Stop-Expectation of Privacy

Where the district court granted a defendant’s motion to suppress evidence found inside a car during a traffic stop based on its finding that the defendant was detained without reasonable suspicion before an unlawful pretextual inventory search, the defendant was a passenger in the vehicle without a property or possessory interest, so he did not have a reasonable expectation of privacy, so the judgment is reversed because the defendant also did not show that he was unreasonably seized during the stop or that the seizure caused an unlawful search.

Judgment is reversed.

U.S. v. Davis (MLW No. 74218/Case No. 18-2975 – 7 pages) (U.S. Court of Appeals, 8th Circuit, Erickson, J.) Appealed from U.S. District Court, Northern District of Iowa, Bennett, J. (Mikala Steenholdt, Sioux City, Iowa, argued for appellant) (Bradley Ryan Hansen, Sioux City, Iowa, argued for appellee).