State v. Smith

(concurring in the result) — While I agree that the judgment should be affirmed, I do so for another reason.

Appellant had no standing to complain of the allegedly illegal search and seizure because he had no interest in either the premises searched or the property seized.

The search occurred in a garage located on premises owned by a Mx. Tomlin. Appellant was discovered and arrested in a nearby house trailer, but he did not claim ownership of, or any proprietary interest in, the garage. Since he claimed no interest in the premises, he had no standing to *373complain of a search thereof. State v.…