## Facts

- Rockwood Lee McKee agreed to drive Verna Lovely from Los Angeles to Boise in Lovely’s car after she offered to cover his travel expenses and money for truck repairs.
- Before leaving Los Angeles, McKee bought methamphetamine to stay awake and hid it in his sock.
- Lovely and McKee departed around 1:00 a.m. on July 13, 1994; after driving and repairs, McKee later drove near Winnemucca, Nevada.
- Nevada Highway Patrol Trooper Charles Stamey stopped the car around 9:00 p.m. for speeding and observed items and conditions he associated with drug activity (including a pager, cellular phone, road atlas, air freshener odor, and a hole in the passenger door).
- Police ultimately discovered methamphetamine in the vehicle and on McKee’s person.
- McKee was charged with possession of a controlled substance and trafficking in a controlled substance (level III).
- At trial, McKee denied using drugs on July 12; the prosecutor then introduced a dated July 12 photograph depicting McKee holding a straw and a baggie to impeach that denial.
- The jury convicted McKee on both counts, and the district court imposed imprisonment and a fine.
- McKee appealed, challenging denial of suppression and asserting prosecutorial misconduct.

## Issues

1. Whether a non-owner driver had a reasonable expectation of privacy in the owner’s vehicle sufficient to challenge the search and seek suppression.
2. Whether the prosecutor committed reversible misconduct by impeaching McKee with extrinsic evidence (a photograph) on a collateral matter, materially prejudicing the defense.

## Decision

- McKee lacked standing to challenge the search of Lovely’s vehicle because he did not establish a reasonable expectation of privacy in it.
- The court therefore did not decide whether the stop and search were supported by probable cause or otherwise lawful.
- The prosecutor’s impeachment of McKee with the July 12 photograph was improper because it used extrinsic evidence to contradict testimony on a collateral matter.
- The misconduct materially prejudiced McKee’s defense, so the convictions were reversed and the case was remanded for further proceedings.

## Legal Principles

- Fourth Amendment standing requires the defendant to show a legitimate, reasonable expectation of privacy in the place searched; mere presence or temporary control of another person’s vehicle is insufficient without a demonstrated privacy or possessory interest.
- When a witness is questioned on collateral matters, the examiner is generally bound by the witness’s answer and may not introduce extrinsic evidence solely to contradict the witness for impeachment.
- Prosecutorial use of inadmissible extrinsic impeachment that invites the jury to judge the defendant by character or propensity, rather than proof of the charged conduct, can constitute misconduct requiring reversal when it materially affects the fairness of the trial.

## Conclusion

The court held that McKee could not contest the vehicle search because he failed to show a privacy interest in the owner’s car, but it reversed his drug convictions because the prosecutor improperly used extrinsic evidence to impeach McKee on a collateral point, materially prejudicing his right to a fair trial.


McKee v. State, 917 P.2d 940 (Nev. 1996)