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Guest sleeping in a camper had standing

By John Wesley Hall, Jr.

Defendant had standing in the camper of another in which he was staying as a guest that was searched without a warrant. United States v. Eaves, 2008 U.S. Dist. LEXIS 1815 (E.D. Tenn. January 8, 2008): Based on his status as an overnight guest staying and sleeping in the camper, the Court concludes that defendant Eaves has met his burden of showing that he had a legitimate expectation of privacy for purposes of the Fourth Amendment. As an overnight guest, defendant has standing to assert a claim that a warrantless search of the camper by the police violates his rights protected under the Fourth Amendment. Minnesota v. Olson, 495 U.S. at 95-100. Judge issuing search warrant could not be sued for that act because of judicial immunity. Ray v. Twp...continue to full post

Full post as published by Fourth Amendment on January 12, 2008 (boomark / email).