Justice Steven Barrett
Adams was charged with criminal sale and possession of a controlled substance based on evidence presented to the grand jury which established that he sold drugs to two undercover officers and constructively possessed drugs that were later recovered pursuant to a search at the subject premises. Adams sought to suppress the evidence seized inside the apartment, and the court granted a hearing to determine if Adams had standing to contest the search of the apartment. Adams and his girlfriend, Diaz, testified that the apartment’s lease was in Diaz’s name alone, but that Adams slept there on a regular basis. Admas claimed he lived at the premises during his four years with Diaz, kept personal belongings there, possesses a key to the apartment and his pitbull also resided in the apartment. The court rejected Adams’ and Diaz’s testimonies, including that Adams resided in the apartment at the time of his arrest, finding his testimony self-serving as it was inconsistent with prior statements regarding his address he gave police and others. It found while Adams may have stayed at the apartment, he did not reside there, and his limited connection did not create an expectation of privacy in the premises. As Adams lacked standing to contest the search, suppression was denied.
