525 U.S. 83, 119 S.Ct. 469 (1998)
The respondents were bagging cocaine when a police officer looked through a drawn window blind after an informant saw them doing it through the window.
ISSUE: Does a guest have an expectation of privacy?
•Property used for use of commercial purposes is treated different for 4th am. purposes
•Because they were there for a short period of time and for business purposes and no expectation of privacy there are no 4th am rights to violate so there is no need to decide whether there was a search
This is not a PHPE (persons, houses, papers and effects)
Scalia: The 4th amendment clearly says “their persons, houses, papers and effects” (PHPE)
•We look to every individual and look at their specific rights
•They may have violated the homeowners’ rights, but not Carter’s
•Constitutional rights are personal rights.
Through the host's invitation the guest gains a reasonable expectation of privacy in the home
The Court distinguished these cases from Minnesota v. Olson, 495 u.s. 91 (1990), where they held that a social overnight guest in one’s home would have an expectation of privacy in the premises. They said that overnight guests in a home may challenge the legality of a search, but one who is merely present with the consent of the householder could not.
•They were doing their bagging in plain view so there is no reasonable expectation of privacy so this isn’t even a search