What is the burden of establishing that the applicant of a motion to suppress has his own Fourth Amendment rights violated?
California, United States of America
The following excerpt is from People v. Cowan, 31 Cal.App.4th 795, 37 Cal.Rptr.2d 469 (Cal. App. 1994):
" 'The proponent of a motion to suppress has the burden of establishing that his own Fourth Amendment rights were violated by the challenged search or seizure. [Citations.]' [Citations.]" (People v. Moreno (1992) 2 Cal.App.4th 577, 582, 3 Cal.Rptr.2d 66.)
"What the moving party must show is ' "... an actual (subjective) expectation of privacy," ... [and the] subjective expectation of privacy is "one that society is prepared to recognize as 'reasonable,' " ...' [Citations.]" (People v. Moreno, supra, 2 Cal.App.4th at p. 582, 3 Cal.Rptr.2d 66.)
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