California, United States of America
The following excerpt is from People v. Gomez, 130 Cal.App.4th 1008, 30 Cal.Rptr.3d 662 (Cal. App. 2005):
Federal constitutional standards govern review of a claim that evidence is inadmissible because it was obtained during an unlawful search. (Cal. Const., art. I, 28, subd. (d); People v. Willis (2002) 28 Cal.4th 22, 29,
[130 Cal.App.4th 1014]
120 Cal.Rptr.2d 105, 46 P.3d 898.) "The Fourth Amendment guarantees `[t]he right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures' by police officers and other government officials. [Citation.] The touchstone of Fourth Amendment analysis is whether a person has a constitutionally protected reasonable expectation of privacy, that is, whether he or she has manifested a subjective expectation of privacy in the object of the challenged search that society is willing to recognize as reasonable. [Citations.] [] `[P]rivate residences are places in which the individual normally expects privacy free of governmental intrusion not authorized by a warrant, and that expectation is plainly one that society is prepared to recognize as justifiable.' [Citations.] Likewise, a garage that is attached or adjacent to a home may give rise to a legitimate expectation of privacy therein. [Citations.]" (People v. Robles (2000) 23 Cal.4th 789, 794-795, 97 Cal. Rptr.2d 914, 3 P.3d 311.)
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