Barnes v. State

Opinion Concurring in Result

DeBruler, J.

I find that I am unable to concur in the suggestion in the opinion for the Court that only those persons having a possessory interest in the premises searched have standing to contest the validity of the search. This suggestion is contrary to the clear language in Paxton v. State, (1970) 255 Ind. 264, 276, 263 N.E.2d 636, 642:

“ ‘No just interest of the Government in the effective and rigorous enforcement of the criminal law will be hampered by recognizing that anyone legitimately on the premises where a search occurs may challenge its legality by way of…