Haney v. Commonwealth

JONES, JUDGE,

CONCURRING.

While I wholeheartedly agree with the result reached by the majority, I write separately to reiterate that suppression of evidence is a judicially created remedy where there has been a Fourth Amendment violation as related to the evidence; I do not believe “lack of possession” is an appropriate basis on which to move for *837suppression.2 As explained by the majority, Haney did not contest Hunley’s authority to consent to the search of her residence. The evidence discovered in the garage was in plain view of the officer when Hunley voluntarily allowed him to access that…