United States v. Alan Henry Culbert A/K/A Martin Estes

Appellant Culbert appeals from his convictions for importation of marijuana, conspiracy to import marijuana, and conspiracy to distribute marijuana. He claims that certain evidence introduced at his trial was the “fruit” of searches of a rental truck and a ship, the O/S National, in violation of the fourth and fourteenth amendments and should have been suppressed. We affirm.

In Rakas v. Illinois, - U.S. -, 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978), the Su preme Court clearly stated that an individual cannot challenge a search on fourth or fourteenth amendment grounds where the purported challenger has no legitimate expectation of privacy in the premises or area invaded by the Government. Id. at-, 99 S.Ct. 421 (majority opinion and Powell, J., concurring).

Appellant lacks the legitimate expectation of privacy required to challenge the instant searches and seizures. The district court found that appellant did not own the truck involved and that he was not present at the “search” of the truck. The district court further found that appellant’s conduct manifested his intention to abandon the truck. Moreover, the district court found that appellant was not present at the time the O/S…