525 U.S. 83 (1998)
A police officer looked through a window blind in a lessee's apartment based on an informant's tip. The officer observed respondents bagging cocaine in the apartment. Based on that observation, a warrant was issued, and respondents were arrested and charged with conspiracy to commit a controlled substance crime. Respondents made a motion to suppress the evidence, contending that the officer's observation was an unreasonable search. Ultimately, the state supreme court determined that respondents had standing to assert a U.S. Constitutional Amendment IV legitimate expectation of privacy claim.
- The court reversed and remanded, holding that an overnight guest in a home could claim the protection of U.S. Constitutional Amendment IV, but one who was merely present with the consent of the householder could not.
- In addition, property used for commercial purposes was treated differently for U.S. Constitutional Amendment IV purposes than residential property.
The court reversed and remanded the lower court's decision, holding that property used for commercial purposes was treated differently for Fourth Amendment purposes than residential property. One who was merely present with the consent of the householder could not claim the protection of the Fourth Amendment.
Recommended Supplements for Criminal Procedure Criminal Procedure: Examples & Explanations, Sixth Edition
Emanuel Law Outline: Criminal Procedure