In what circumstances will a defendant have standing to suppress a possession of a prohibited substance?
"New York", United States of America
The following excerpt is from People v. Smith, 230 N.Y.S.2d 894, 35 Misc.2d 533 (N.Y. Cty. Ct. 1962):
In Belton v. State, 228 Md. 17, 178 A.2d 409, a narcotics case, it was held that defendant a 'guest' in his aunt's home had standing to suppress. Here again a correct result was reached but by applying an 'interest in the premises' test rather than the 'contraband' test.
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