People v. Cacioppo

In People v. Cacioppo, 104 A.D.2d 559, app. den. 67 N.Y.2d 881, cocaine was seized from a jeep which was owned by defendant's neighbor and parked on the neighbor's property. Defendant paid the neighbor $ 100 per month for occasional use of the jeep. The Court held that the defendant lacked a legitimate expectation of privacy in the jeep since he did not own it and did not allege that he had the right to, nor attempted to, exclude other individuals from using the jeep. "One who owns or lawfully possesses or controls property will in all likelihood have a legitimate expectation of privacy by virtue of the right to exclude" (Id. at 560.)