holding defendant did not STATE V. JORDAN 2022-NCCOA-215 Opinion of the Court relinquish expectation of privacy in plastic bags, despite denying ownership of them, because he maintained the “right to exclude all others from the bags by virtue of his right of possession and control”
How later courts described this case
- holding defendant did not STATE V. JORDAN 2022-NCCOA-215 Opinion of the Court relinquish expectation of privacy in plastic bags, despite denying ownership of them, because he maintained the “right to exclude all others from the bags by virtue of his right of possession and control”
- stating that subsequent search was not tainted by an unlawful seizure where defendant consented to accompany officers to airport room
- holding defendant given possession and control of bags had legitimate expectation of privacy in luggage he claimed belonged to another
- holding bailee had standing to challenge search of luggage
Written by the judges who cited it.
The opinion
Judge VAUGHN
concurring.
I agree that there was ample evidence to support the court’s findings of fact which, in turn, support his conclusion that defendant “freely and voluntarily consented to a search of the bags by the officer.” The motion to suppress was, consequently, properly denied. I further agree that the evidence was sufficient to take the case to the jury. Our decisions on these two questions are dispositive of the appeal, and it is there that I would stop. If it were necessary to reach other matters discussed by the majority, I am not sure I would reach the same conclusions.