State v. Hernandez

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that appellant “lacked standing to challenge the validity of the search of this car or of its contents where he disclaimed any ownership or possessory interest therein”
• recognizing general rule that passenger of vehicle lacks standing to contest search of vehicle except where passenger establishes legitimate expectation of privacy in area searched by demonstrating ownership interest or other lawful proprietary interest in area
• “[U]nder Whren, the test is whether an officer could have stopped the vehicle for a traffic infraction.”
• passenger who was lawfully stopped lacked standing to challenge the subsequent search of the vehicle where he asserted no ownership or possessory interest in the car or its contents

Source: CourtListener parenthetical corpus (CC0).

Cited by

11 cases in this archive cite this case.

• People v. Brendlin
  California Supreme Court· 2006-06-29· cited 18×
• Welch v. State
  District Court of Appeal of Florida· 1999-10-15· cited 8×
• State v. Young
  District Court of Appeal of Florida· 2008-01-02· cited 8×
• State v. Zaldivar
  District Court of Appeal of Florida· 2010-03-31· cited 5×
• Bender v. State
  District Court of Appeal of Florida· 1999-07-15· cited 5×
• Eddie Tyler v. State of Florida
  District Court of Appeal of Florida· 2016-02-10· cited 2×
• McCellan v. State
  District Court of Appeal of Florida· 1999-11-01· cited 1×
• Clinton v. State
  District Court of Appeal of Florida· 2001-03-02· cited 1×
• Wesley T. Foley, Jr. v. State
  District Court of Appeal of Florida· 2016-04-08
• Beauger v. State
  District Court of Appeal of Florida· 2011-08-03
• Vaughn v. State
  District Court of Appeal of Florida· 2003-08-06

Cites

20 cases in this archive are cited by this case.

• Miranda v. Arizona
  Supreme Court· 1966-06-13· cited 58,288×
• Ornelas v. United States
  Supreme Court· 1996-06-10· cited 7,197×
• Whren v. United States
  Supreme Court· 1996-05-15· cited 7,105×
• Rakas v. Illinois
  Supreme Court· 1979-01-15· cited 6,103×
• Maryland v. Wilson
  Supreme Court· 1997-02-19· cited 1,555×
• Kehoe v. State
  Supreme Court of Florida· 1988-03-10· cited 133×
• Bernie v. State
  Supreme Court of Florida· 1988-01-07· cited 89×
• State v. Daniel
  Supreme Court of Florida· 1995-09-28· cited 38×
• State v. Beja
  District Court of Appeal of Florida· 1984-05-16· cited 18×
• Williams v. State
  District Court of Appeal of Florida· 1994-08-03· cited 17×
• Petrel v. State
  District Court of Appeal of Florida· 1996-07-03· cited 13×
• Wulff v. State
  District Court of Appeal of Florida· 1988-11-18· cited 11×
• State v. Davis
  District Court of Appeal of Florida· 1982-06-09· cited 10×
• Amoss v. State
  District Court of Appeal of Florida· 1989-08-15· cited 8×
• Anderson v. STEVEN R. ANDREWS, PA
  District Court of Appeal of Florida· 1997-04-23· cited 7×
• State v. Lagree
  District Court of Appeal of Florida· 1992-03-09· cited 7×
• Warren v. State
  District Court of Appeal of Florida· 1997-11-10· cited 7×
• Acebo v. State
  District Court of Appeal of Florida· 1982-06-30· cited 5×
• State v. Rome
  District Court of Appeal of Florida· 1986-12-15· cited 5×
• Fontana v. State
  Supreme Court of Florida· 1991-07-03· cited 4×