Defendant who denies ownership of container lacks standing to object to warantless search of that container

SEARCH & SEIZURE United States v. Denny, No. 05-2014, ___ F.3d ___ (10th Cir. Mar. 28, 2006)(New Mexico). Government appeal of district court order granting defendant’s motion to suppress drug evidence seized from box found in train compartment HELD: Where DEA agent seized and searched plastic bag from under seat in defendant’s train compartment and defendant denied ownership of anything in compartment other than piece of luggage, district court erred by concluding defendant maintained expectation of privacy in plastic bag once he expressly disclaimed ownership, despite fact that agent observed defendant remove plastic bag from luggage and place under seat. Because Defendant abandoned plastic bag by denying that it was his, he had no standing to object to agent’s warrantless search of box found inside bag. Read the opinion here.