United States v. Ed Sullivan, Jr., and Kim Sullivan

U.S. Court of Appeals for the Fifth Circuit
United States v. Ed Sullivan, Jr., and Kim Sullivan, 488 F.2d 138 (5th Cir. 1973)
1973 U.S. App. LEXIS 6536
Goldberg, Per Curiam, Roney, Thornberry

United States v. Ed Sullivan, Jr., and Kim Sullivan

Opinion

PER CURIAM:

Defendants were convicted for knowingly and intentionally conspiring to import marijuana from Mexico into the United States. 21 U.S.C.A. § 963. On appeal, they challenge the legality of a search which produced the incriminating marijuana. Defendants, 'however, lack standing to object to the evidence as the product of an illegal search.

[T]here is no standing to contest a search and seizure where, as here, the defendants: (a) were not on the premises at the time of the contested search and seizure; (b) alleged no proprietary or possessory interest in the premises; and (c) were not charged with an offense that includes, as an essential element of the offense charged, possession of the seized evidence at the time of the contested search and seizure.

Brown v. United States, 411 U.S. 223, 229, 93 S.Ct. 1565, 1569, 36 L.Ed.2d 208 (1973).

The search in this case was of a van which the defendants neither owned nor possessed at the time of the search. *139 They likewise neither owned nor possessed the 322 pounds of marijuana discovered therein.

Affirmed.

Reference

Full Case Name
UNITED STATES of America, Plaintiff Appellee, v. Ed SULLIVAN, Jr., and Kim Sullivan, Defendant-Appellants
Cited By
4 cases
Status
Published