No Standing to Challenge Cellphone Search
Statute provides standing to file a motion to suppress for any person aggrieved by an unlawful search or seizure, meaning someone whose legitimate expectation of privacy was unlawfully disturbed, which does not include the search of a cellphone that defendant denied owning. “[A] person who disclaims ownership of an item at the time of the search cannot later claim an expectation of privacy in it.” Circuit court did not err in admitting the cellphone’s content.
STATE OF MISSOURI, Plaintiff-Respondent v. DAVID C. COPLEY, Defendant-Appellant
Missouri Court of Appeals, Southern District – SD37492