Search of a Stolen Car in Jacksonville Vehicle Theft Cases

As a Jacksonville Grand Theft Auto Attorney, I have seen a fair share of Jacksonville Grand Theft Auto Cases. In most of the cases that I have handled, the Jacksonville Sheriff’s Office attempts to stop the vehicle. Quite often, the suspect runs from the vehicle. When this occurs, the Jacksonville criminal defendant is charged with Jacksonville fleeing and attempting to elude an officer and Jacksonville grand theft auto. Police will usually search the stolen vehicle.

The U.S. Supreme Court has held that in order for the driver of a vehicle to have standing to challenge the search of a vehicle, “he or she must show a proprietary or possessory interest in the area of search or that there are other factors which create an expectation of privacy which society is willing to recognize as reasonable.” Rakas v. Illinois, 439 U.S. 128 (1978); Katz v. United States, 389 U.S. 347 (1967). The driver of a stolen car cannot challenge the search of the car. The Florida Supreme Court confirmed this ruling in State v. Singleton, 595 So. 2d 44 (Fla. 1992). Recently, the Florida Fifth District Court of Appeals held in accordance with this law in State v. Gentry, 36 Fla. L. Weekly D534a (Fla. 5th DCA, March 11, 2011).