Search and seizure; vehicle abandoned and reasonable expectation of privacy: WATKINS v. COM. (COA 7/11/2008)

WATKINS v. COMMONWEALTH
CRIMINAL:   Search and seizure; vehicle abandoned and reasonable expectation of privacy
2007-CA-000869
PUBLISHED: AFFIRMING
PANEL: ACREE PRESIDING; VANMETER, WINE CONCUR
TODD COUNTY
DATE RENDERED: 7/11/2008

CA affirmed TC’s denial of Watkins’ motion to suppress evidence seized from his vehicle. Convictions for fleeing and evading police in the second degree, possession of marijuana under eight ounces, possession of a controlled substance in the first and second degree, cocaine, were affirmed. Watkins lacked standing to contest the search, TC did not err in finding that Watkins’ vehicle had been abandoned. As in Blackford v. Commonwealth, 2006 WL 202339 (Ky.App. 2006)(2005-CA-000603-MR), this evidence does not suggest Watkins intended to retain any privacy interest in the car. As such, Watkins could not establish that he retained a reasonable expectation of privacy in the automobile once he fled the scene.

Digested by Scott C. Byrd

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