United States v. Burnett, No. 14-1288 (3d Cir. 2014)
Annotate this CaseTo rob a Philadelphia jewelry store, Burnett obtained a gun and Hankerson borrowed a car from Adams. A store video security system captured Burnett’s face during the robbery. They fled with Hankerson driving, but got lost and drove down a dead-end street. Instead of turning around, they parked the car, placed the loot in its trunk, and left on foot. After visiting the crime scene, police received a call reporting a “suspicious black Honda” on a residential street not far from the robbery. Witnesses described the men leaving the car. Police suspected it was involved in the robbery, tried to contact Adams, had the Honda towed, and executed a warrant. They recovered the jewelry, stolen security videotape, wigs, the bloodstained gun, a wallet containing Hankerson’s identification, latex gloves, and zip ties like those used to bind the robbery victims. One glove contained the DNA of Burnett and the store owner and another contained the DNA of Hankerson and the store owner. Hankerson pleaded guilty and cooperated. Burnett challenged the vehicle search as “fundamentally unfair.” The district court held that Burnett lacked standing, as he merely was a passenger and lacked a privacy interest in the vehicle. The Third Circuit affirmed.
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