What is the test for reasonable expectation of privacy under the Fourth Amendment when an overnight guest is found to have been a party to a party in the home of the party's landlord?

California, United States of America


The following excerpt is from People v. Rodriguez, B238332 (Cal. App. 2012):

This case fits the high court's description in Minnesota v. Carter: "If we regard the overnight guest . . . as typifying those who may claim the protection of the Fourth Amendment in the home of another, and one merely 'legitimately on the premises' as typifying those who may not do so, the present case is obviously somewhere in between." (Minnesota v. Carter, supra, 525 U.S. at pp. 91; id. at pp. 90-91 [holding defendants who were present in another's apartment for a "purely commercial" transaction (bagging cocaine), and were only in the home a matter of hours, with "no suggestion that they had a previous relationship with [the householder], or that there was any other purpose to their visit," had no legitimate expectation of privacy in the apartment].)

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