Calloway v. State

The majority opinion quotes Wilson v. State, 692 S.W.2d 661, 667 (Tex.Cr.App.1984), to the effect that Rakas v. Illinois, 439 U.S. 128, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978), “makes it plain that the question of a defendant’s reasonable expectation of privacy is an issue going to the merits of his Fourth Amendment claim.” That being true, the judge of the trial court erroneously laid down as a precondition for hearing the motion to suppress that appellant “sa-tisfie[s] me he has standing to complain.”

The colloquy that followed demonstrates that matters such as a pretrial motion to suppress…