People v. Ferris

Court properly granted motion to suppress evidence against Defendant, who was charged with unlawful possession of methamphetamine. Defendant was more than a mere passenger; his friend, who did not have a valid driver's license, had given him permission to take her car on a long trip, and Defendant thus had a legitimate expectation of privacy as to that car, and thus has standing to object to an unreasonably prolonged seizure of the car. No evidence of a standard police procedure authorizing a police tow, as opposed to moving vehicle out of lane of traffic, and thus police towing car, and then walking a dog around it, was unreasonable seizure, and thus search warrant was tainted and evidence found per warrant was properly suppressed. KNECHT, concurring; POPE, dissenting.)