What is the burden of establishing a reasonable expectation of privacy under the Fourth Amendment?

"Fourth Amendment rights are personal rights which, like some other constitutional rights, may not be vicariously asserted." Rakas v. Illinois , 439 U.S. 128, 13334, 99 S.Ct. 421, 58 L.Ed.2d 387 (1978). Thus, to claim the protections of the Fourth Amendment, a "defendant must demonstrate a legitimate expectation of privacy in the place or item searched by showing an actual subjective expectation of privacy which society is prepared to recognize." United States v. Davis , 932 F.2d 752, 756 (9th Cir. 1991). A defendant has the burden of establishing that under the

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