Boyle v. State

OPINION ON STATE’S MOTION FOR REHEARING

MILLER, Judge.

This Court granted one ground of rehearing in this cause to consider the State’s contention that “the Court erred in holding that the search of the Peterbilt tractor-truck was illegal because the search was legally conducted pursuant to a valid consent to search of a third party.” The State asserts the Court “recognized and raised the issue of third party consent” in footnote 7 of its opinion on original submission, but made no disposition of the issue. In this motion for rehearing, the State contests for the first time appellant’s standing…