What is the burden of establishing a "legitimate expectation of privacy" in a search and seizure?

"To contest the legality of a search and seizure, the defendant[ ] must establish that [he] had a 'legitimate expectation of privacy' in the place searched or the property seized." United States v. Padilla, 960 F.2d 854, 858 (9th Cir.1992) (quoting Rakas v. Illinois, 439 U.S. 128, 143-44 (1978)), reversed on other grounds, 113 S.Ct. 1936 (1993). The burden of establishing such a legitimate expectation of privacy is on the defendant. United States v. Davis, 932 F.2d 752, 756 (9th Cir.1991).