Johnson v. State

The defendant, who abandoned his vehicle by parking in a stranger's driveway and fleeing the scene while leaving the vehicle's door open, lacked standing to challenge the search of the vehicle.

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Alphonso Johnson appeals the trial court’s denial of his motion to suppress, arguing that the search of Johnson’s vehicle was unreasonable under Arizona v. Gant. 1 However, because Johnson abandoned his car, he failed to show he had standing to assert such a claim. Accordingly, we affirm. We employ the standard of review set forth in Vansant v. State :2 While the trial court’s findings as to disputed facts in a ruling on a motion to suppress will be reviewed to determine whether the ruling was clearly erroneous, where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, the trial court’s application of the law to undisputed facts is subject to de novo appellate review. Citations omitted. Because the relevant facts here are undisputed, we review the trial court’s ruling de novo. See McClary v. State .3

Those facts show that on April 17, 2009, an officer pulled Johnson over for failing to wear a seat belt. Johnson pulled his car into another person’s residential driveway and walked away from his car, leaving the driver’s door open. The officer pulled up behind Johnson and directed him to return to his car and to sit down; Johnson did so, sitting on the driver’s seat with the door open and with his legs resting outside the car. Determining from the landowner washing a car in the subject driveway that Johnson had no connection to the residence, the officer observed Johnson becoming tense and nervous with accelerated breathing, which indicated to the officer that Johnson was about to flee or fight the officer. The officer decided to handcuff Johnson, but when the officer attempted to do so, Johnson resisted, knocking the handcuffs away and fighting the officer. Johnson then fled with the officer in hot pursuit. While running, the officer notified other police units of his location and situation, including that he was chasing Johnson.

Johnson v. State

The defendant, who abandoned his vehicle by parking in a stranger's driveway and fleeing the scene while leaving the vehicle's door open, lacked standing to challenge the search of the vehicle.

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