Does Jorlantin have standing to challenge the stop and arrest on Fourth Amendment grounds?
Darold Jorlantin was charged with driving under the influence. An officer answered a possible gang fight report at a gas station. People pointed to a departing van, saying that individuals inside the van wanted to fight. The officer went to the van, observed the driver and multiple passengers inside, and directed the driver to stop. The officer smelled the odor of an alcoholic beverage emanating from the driver's side of the van, and he saw a nearly empty bottle of brandy on the floor of the driver's side of the van. The driver's eyes were bloodshot and watery, and he stated that he had consumed "a little bit" of alcohol. The driver failed to perform satisfactorily on roadside sobriety tests and was arrested. Jorlantin made a pretrial motion to suppress the arresting officer's observations on the grounds that the officer lacked reasonable suspicion to stop the van and lacked probable cause to arrest him, thus violating the Fourth Amendment. In his testimony at the suppression hearing, the officer did not expressly identify Jorlantin in the courtroom as the van's driver. No evidence was introduced that Jorlantin was a passenger, and not the driver, of the van.
What will be an ideal response?
YES
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