California, United States of America
The following excerpt is from People v. Snyder, C060419 (Cal. App. 10/28/2009), C060419 (Cal. App. 2009):
"`[I]n order to claim the protection of the Fourth Amendment, a defendant must demonstrate that he personally has an expectation of privacy in the place searched, and that his expectation is reasonable; i.e., one that has "a source outside of the Fourth Amendment, either by reference to concepts of real or personal property law or to understandings that are recognized and permitted by society."' [Citation.] `In other words, the defendant must show that he or she had a subjective expectation of privacy that was objectively reasonable.' [Citation.]" (People v. Ayala (2000) 23 Cal.4th 225, 255; see also People v. Hoag (2000) 83 Cal.App.4th 1198, 1203.)
Thus, in deciding whether defendant demonstrated a reasonable expectation of privacy, the court must consider whether defendant (1) had a property or possessory interest in the place searched, (2) had the right to exclude others from that place, (3) had shown the subjective expectation that the place would remain free from governmental invasion, (4) took normal precautions to maintain his privacy, and (5) was legitimately on the premises. (People v. Roybal (1998) 19 Cal.4th 481, 507.)
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