Here the record is clear that Quinn, notwithstanding his naked
title interest in the
Sea Otter, had never made personal
use of the vessel that would give rise to a legitimate expectation
of privacy. At the time of the search, he had never kept private
quarters on the boat or used it as a repository of personal
effects. Quinn purchased the vessel for the specific purpose of
having others operate it to smuggle drugs into the United States.
Moreover, Quinn did not exert any control over the boat: his
partner Hunt had complete control over the vessel at all times
preceding the search and for two years thereafter while he used it
for commercial fishing in Costa Rica. These facts afford no basis
for any claim to an expectation of privacy in the
Sea
Otter.
The Court of Appeals' contrary conclusion rests on a fundamental
misconception of the scope of the Fourth Amendment.
Page 475 U. S. 794
Under the reasoning of the Court of Appeals, an owner's Fourth
Amendment rights would extend not to just a single boat but to a
fleet of vessels, airplanes, or trucks merely because he has held
legal title to and sent these conveyances into an illegal
drug-smuggling enterprise. But the Fourth Amendment only extends to
what people seek to "preserve as private."
Katz v. United
States, 389 U. S. 347,
389 U. S. 351
(1967). The Court of Appeals reasoned that, since the marijuana was
found in the hold of the vessel, "reasonable precautions had been
taken to preserve privacy." 751 F.2d at 981. Even if this inference
is warranted from the facts, it is irrelevant, because there is no
indication that Quinn took any precautions whatsoever. "Fourth
Amendment rights are personal rights which, like some other
constitutional rights,
may not be vicariously asserted."
Rakas v. Illinois, supra, at
439 U. S.
133-134 (emphasis added). That someone other than the
title holder took steps indicating an expectation of privacy has no
bearing on whether Quinn's Fourth Amendment rights were
violated.
The Court of Appeals' conclusion that Quinn's status as a
"co-venturer" with those who exerted control over the vessel and
his possessory interest in the contraband gave him standing to
challenge the search is similarly misguided. Under this flawed
analysis, if a defendant has a sufficient link to seized contraband
to incriminate him, the guarantees of the Fourth Amendment attach.
But it is the established rule that suppression of evidence
"can be successfully urged
only by those whose rights were
violated by the search itself, not by those who are aggrieved
solely by the introduction of damaging evidence.
Coconspirators and codefendants have been accorded no special
standing."
Alderman v. United States, 394 U.
S. 165,
394 U. S.
171-172 (1969) (emphasis added). Unless Quinn can
demonstrate a reasonable expectation of privacy in the place
searched, neither his involvement in the criminal enterprise,
see Alderman, supra, nor his naked possessory interest in
the seized evidence,
See United States
v.
Page 475 U. S. 795
Salvucci, 448 U. S.
83 (1980);
Rawlings v. Kentucky, 448 U. S.
98 (1980), establishes a Fourth Amendment violation.
The District Court, therefore, correctly held that suppression
was not warranted because Quinn had not manifested a reasonable
expectation of privacy in the
Sea Otter. I regard it as an
error of gravest consequences to allow the erroneous holding of the
Court of Appeals to stand when the country is being flooded at its
borders with dangerous drugs. I would therefore reverse the
judgment of the Court of Appeals.
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