(concurring) :
I agree with the majority opinion that the suppression order should be vacated.
In connection with the arrest of Karen Galvez, and the search and seizure of the hashish from her car. I do not feel that the appellees lack standing to assert the claim of unlawful search and seizure. United States v. Jeffers, 342 U.S. 48, 52, 72 S.Ct. 93, 96 L.Ed. 59, recognized such standing by one whose property was seized, although his right of privacy in the hotel room occupied by others was not infringed. I believe that Donald and Veronica Galvez do have standing to complain of the seizure of the hashish in Walsenburg because of their interest in the package which they are charged with receiving and concealing. See Simmons v. United States, 390 U.S. 377, 389-390, 88 S.Ct. 967, 19 L.Ed.2d 1247. Nevertheless the hashish was lawfully seized from the car. It was contraband, 26 U.S.C.A. §§ 7302 and 4741, and 49 U.S.C.A. §§ 781 and 787(d); the officers had probable cause to believe it was in the car; and since the hashish was thought to be in an automobile on the streets at nighttime, the circumstances justified the search and seizure without a warrant. See Chambers v. Maroney, 399 U.S. 42, 48-51, 90 S.Ct. 1975, 26 L.Ed.2d 419; Carroll v. United States, 267 U.S. 132, 158-159, 45 S.Ct. 280, 69 L.Ed. 543, and United States v. Hill, 442 F.2d 259 (5th Cir.). Without regard to the arrest of Karen Galvez — lawful or unlawful — the seizure of the package was permissible. Therefore, I agree that the evidence cannot be suppressed on a claim of unlawful seizure at Walsenburg.
As to the alternative holding of the trial court, suppressing the evidence because of findings of misconduct shocking the conscience of the court, I agree that Donald and Veronica Galvez do not have standing to complain of this alleged misconduct. This claim of abuse essentially involved only Karen Galvez and no assertion was made of such mistreatment of the appellees so that they may not assert the claim. See Elkins v. United States, 364 U.S. 206, 222-223, 80 S.Ct. 1437, 4 L.Ed.2d 1669.