United States v. Willams

159 Fed.Appx 500 (4th Cir. 2005)

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Nature of the Case

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Facts

Detective Sullivan observed D enter an apartment building shortly after midnight. He observed Tyra Tucker, arrive and enter the apartment building. Ten minutes later, D and Tucker exited the building together and approached Tucker's vehicle. D was carrying a brown shoulder bag. Tucker opened the trunk of her vehicle and D placed the bag in the trunk. D then got into his vehicle and drove away from the apartment complex. Tucker, in her vehicle, followed closely behind. The police stopped both vehicles. Tucker gave her consent to search her vehicle, and they recovered the bag from her trunk. Inside the bag, was ten kilograms of cocaine. D moved to suppress the evidence in that he claimed ownership and a possessory interest in the bag and its contents. D gave orders to Tucker to stay close to him, and D also asserted that Tucker did not know the contents of the bag. The district court denied the motion to suppress; finding D lacked standing to contest the consent search. D appealed.