What is the test for Fourth Amendment protection in the context of a search and seizure?

"'"[T]the question is whether the challenged search or seizure violated the Fourth Amendment rights of a criminal defendant who seeks to exclude the evidence obtained during [the search]. That inquiry in turn requires a determination of whether the disputed search and seizure has infringed an interest of the defendant which the Fourth Amendment was designed to protect." [(Rakas v. Illinois (1978) 439 U.S. 128, 140.)] The Fourth Amendment protection depends "upon whether the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded

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place." [Citation.]"'" (People v. Allen (1993) 17 Cal.App.4th 1214, 1219.) "Evidence of the defendant's possessory interest in the items seized, without more, is insufficient to demonstrate that expectation of privacy. [Citation.] Similarly, evidence of the defendant's 'mere legitimate presence on the searched premises by invitation or otherwise is insufficient in itself to create a protectable expectation.' [Citation.] Instead, the court must look to the totality of the circumstances, including '"'whether the defendant has a [property or] possessory interest in the thing seized or the place searched; whether he has the right to exclude others from that place; whether he has exhibited a subjective expectation that it would remain free from governmental invasion, whether he took normal precautions to maintain his privacy and whether he was legitimately on the premises.'"' [Citation.]" (People v. Williams (1992) 3 Cal.App.4th 1535, 1539.)