People v. Sotelo

145 The majority looks to the fact that Sotelo asserted ownership over wrapped packages that were inside the rental car she was driving and concludes that she has standing to challenge the search of these items. I believe this analysis is incomplete. As the majority notes, the test that determines standing to challenge a search under *197the Fourth Amendment has two prongs, which we evaluate under the totality of the cireumstances. The test asks first, whether the defendant had a subjective expectation of privacy, and second, whether society would recognize that expectation as reasonable. This…