State of Tennessee v. Joseph Durward Watson, II - Dissenting Opinion

Only a person who has a legitimate expectation of privacy in an invaded place has standing to claim the protection of the Fourth Amendment and may seek to have illegally obtained evidence excluded. See Rakas v. Illinois, 439 U.S. 128, 133-34 (1978); Simmons v. United States, 390 U.S. 377, 389 (1968); State v. Willis, 496 S.W.3d 653, 720 (Tenn. 2016); State v. Cothran, 115 S.W.3d 513, 520-21 (Tenn. Crim. App. 2003). Because of his conduct, Defendant is not such a person. I believe that Defendant’s actions in this case fall squarely within the rule established by our supreme court in State v. Ross, 49 S.W.3d 833 (Tenn. 2001). Defendant disclaimed and abandoned whatever interest he may have had in the property, thus losing a subjective expectation of privacy. Therefore, I respectfully dissent.