State v. Houghtaling

The Supreme Court affirmed the Appellate Court’s conclusion that Defendant failed to establish that he had a subjective expectation of privacy in a residence he had leased to a third party. Defendant was charged with drug related offenses after the police found marijuana plants during a search at the residence. Defendant filed a motion to suppress evidence gathered during the search and his subsequent incriminating statements to the police as the fruits of a warrantless and illegal search. The trial court denied the motion. Defendant then entered a conditional plea of nolo contendere. The Appellate Court affirmed. The Supreme Court agreed with the lower courts, holding (1) Defendant lacked standing to challenge the warrantless search of the property because Defendant lacked a subjective expectation of privacy therein; and (2) the police possessed a reasonable and articulable suspicion to stop Defendant and later had probable cause to arrest him. View "State v. Houghtaling" on Justia Law