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Gilbert v. State

A passenger who had no ownership interest in the car or its contents lacked standing to contest the police search of the car.

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Following a jury trial, Varrick Gilbert appeals his conviction for trafficking in cocaine, contending that the trial court erred by denying his motion to suppress 28 grams of crack cocaine found in a car in which he was a passenger. Because Gilbert was a mere passenger in the car, asserted no ownership interest in the car or its contents, and had no expectation of privacy in the car, we find that Gilbert lacked standing to argue that the vehicle was improperly searched and affirm the conviction.

When reviewing a trial court’s decision on a motion to suppress, this court’s responsibility is to ensure that there was a substantial basis for the decision. The evidence is construed most favorably to uphold the findings and judgment, and the trial court’s findings on disputed facts and credibility are adopted unless they are clearly erroneous. Further, since the trial court sits as the trier of fact, its findings are analogous to a jury verdict and will not be disturbed if there is any evidence to support them.

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