Is a disclaimer of ownership of an article a sufficient basis for a fourth amendment claim?
California, United States of America
The following excerpt is from People v. Allen, 17 Cal.App.4th 1214, 21 Cal.Rptr.2d 668 (Cal. App. 1993):
"Because an assertion of ownership is not, by itself, dispositive of the right to claim the protection of the fourth amendment, it follows that a disclaimer of ownership, while indeed strong indication that a defendant does not expect the article to be free from government intrusion, is not necessarily the hallmark for deciding the substance of a fourth amendment claim." (United States v. Hawkins, supra, 681 F.2d at p. 1346.)
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