State v. GilbertAnnotate this Case
While in the passenger seat of a car registered to the car's driver, Brian Gilbert was approached by a police officer. After learning that Gilbert had an outstanding warrant for his arrest, the officer arrested Gilbert and searched the car, where he discovered drug paraphernalia and drugs. Gilbert was charged with possession of methamphetamine and possession of drug paraphernalia. Before trial, Gilbert filed a motion to suppress the evidence obtained during the search, arguing that the officer was not authorized to search the vehicle. The district court denied Gilbert's motion to suppress because the statute upon which Gilbert based his argument had been amended at the time of the search. The court then convicted Gilbert as charged. The court of appeals reversed Gilbert's convictions, holding (1) Gilbert had standing to contest the search, and (2) the amended version of the statute was unconstitutional. On review, the Supreme Court reversed, holding that Gilbert lacked standing to challenge the constitutionality of the search under Rakas v. Illinois, which states that a person aggrieved by an illegal search and seizure only through introduction of evidence obtained by search of a third-person's premises has not had his Fourth Amendment rights infringed.