¶1Opinion Concurring in Result
¶2I find that I am unable to concur in the suggestion in the opinion for the Court that only those persons having a possessory interest in the premises searched have standing to contest the validity of the search. This suggestion is contrary to the clear language in Paxton v. State, (1970) 255 Ind. 264, 276, 263 N.E.2d 636, 642:
“ ‘No just interest of the Government in the effective and rigorous enforcement of the criminal law will be hampered by recognizing that anyone legitimately on the premises where a search occurs may challenge its legality by way of a motion to suppress, when its fruits are proposed to be used against him.’ Jones v. United States (1960), 362 U.S. 257, 267, 80 S.Ct. 725, 734, 4 L.Ed.2d 697, 706.
We are not here concerned with the protection of property rights, but rather with the protection of the right to privacy. Katz v. United States, (1967) 389 U.S. 347, 88 S.Ct. 507, 19 L.Ed.2d 576.”
¶3See also Brown v. United States, (1973) 411 U.S. 223, 227 n. 2, 93 S.Ct. 1565, 1568, 36 L.Ed.2d 208; Mancusi v. DeForte, *86(1968) 392 U.S. 364, 88 S.Ct. 2120, 20 L.Ed.2d 1154; Bumper v. North Carolina, (1968) 391 U.S. 543, 88 S.Ct. 1788, 20 L.Ed.2d 797; Simmons v. United States, (1968) 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247; State v. Porter, (1975) 163 Ind. App. 509, 324 N.E.2d 857.
¶4Here appellant failed to show that he was legitimately on the premises and lacks standing for that reason, not because he was neither owner or tenant.
¶5Hunter and Prentice, JJ., concur.
¶6Note. — Reported at 378 N.E.2d 839.