Can a third party party not named in an arrest warrant claim a right to privacy in their home without a search warrant?

MultiRegion, United States of America

The following excerpt is from U.S. v. Underwood, 717 F.2d 482 (9th Cir. 1983):

The right of a third party not named in the arrest warrant to the privacy of his home may not be invaded without a search warrant, Steagald v. United States, 451 U.S. 204, 101 S.Ct. 1642, 68 L.Ed.2d 38 (1981). But this right is personal to the home owner and cannot be asserted vicariously by the person named in the arrest warrant. See Steagald v. United States, 451 U.S. at 218-19, 101 S.Ct. at 1650-51; Rakas v. Illinois, 439 U.S. 128, 133-34, 99 S.Ct. 421, 424-25, 58 L.Ed.2d 387 (1978). "[D]efendants charged with crimes of possession may only claim the benefits of the exclusionary rule if their own Fourth Amendment rights have in fact been violated." United States v. Salvucci, 448 U.S. 83, 85, 100 S.Ct. 2547, 2549, 65 L.Ed.2d 619 (1980).

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