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Fourth Amendment Protections

The Fourth Amendment of the U.S. Constitution guarantees the RIGHT OF THE PEOPLE to be secure IN THEIR PERSONS, HOUSES, PAPERS, AND EFFECTS, against UNREASONABLE searches and seizures.  U.S. Const. amend. IV.“The Fourth Amendment protects people, not places, therefore the touchstone of Fourth Amendment analysis is whether a person has a constitutionally protected reasonable expectation of privacy in the place searched or thing seized.” California v. Ciraolo, 476 U.S. 207, 211 (1986)

WHAT IS A REASONABLE EXPECTATION OF PRIVACY?

An expectation of privacy is reasonable if it derives from source outside of the Fourth Amendment, either by reference to concepts of real or personal property law or to understandings that are recognized as reasonable and permitted by society.  United States v. Gamez-Orduno, 235 F.3d. 453 (2000).

WHAT MAY BE CONSTITUTIONALLY PROTECTED?

What a person seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected.  Katz v. United States, 389 U.S. 347, 88 S. Ct. 507 (1976).

WHAT MAY NOT BE CONSTITUTIONALLY PROTECTED?

What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection.  Katz v. United States, 389 U.S. 347, 88 S. Ct. 507 (1976).

WHO HAS A CONSTITUTIONALLY PROTECTED REASONABLE EXPECTATION OF PRIVACY?

A person who has a legitimate possessory interest in the property seized, or a legitimate privacy interest in the area searched, or a personal liberty interest that was infringed by the unreasonable search and seizure conducted.  People v. Roybal, 19 Cal.4th 481 (1998).

WHAT IS CONSIDERED AN UNREASONABLE SEARCH AND SEIZURE?

A search or seizure by law enforcement is unreasonable if conducted without a search warrant or without probable cause to believe evidence of a crime is present.  Katz v. United States, 389 U.S. 347, 88 S. Ct. 507 (1976).

WHO IS CONSIDERED AN OVERNIGHT GUEST?

A visitor who is a social guest and stays overnight in the residence, with the knowledge and permission of an identifiable host, who is a lawful occupant of the residence.  Minnesota v. Olson (1990) 495 U.S. 91.

WHO IS NOT CONSIDERED AN OVERNIGHT GUEST?

A visitor who is in the residence for only a limited time without a prior relationship with the lawful occupant of the residence and whose presence on the premises is purely commercial in nature.  Minnesota v. Carter, 525 U.S. 83, 90, 119 S. Ct. 469 (1998).

DOES AN OVERNIGHT GUEST HAVE STANDING TO CONTEST AN UNREASONABLE SEARCH?

A visitor who is an overnight guest in a residence has fourth amendment protection against unreasonable searches and unlawful seizures.  Minnesota v. Olson (1990) 495 U.S. 91.

WHAT IF THE OVERNIGHT GUEST IS A DRUG SMUGGLER?

If the person stayed overnight in another’s home as a social guest with the owner’s permission, free of charge, for the purpose of eating and resting, the person has a legitimate expectation of privacy under the Fourth Amendment as an overnight guest.  United States v. Davis (2003) 332 F.3d 1163.

The status of overnight guest alone is enough to show that the person had an expectation of privacy in the home, that society is prepared to recognize as reasonable.  Minnesota v. Olson (1990) 495 U.S. 91.

WHO BEARS THE BURDEN OF PROOF?

The defendant bears the burden of showing that he or she had a reasonable expectation of privacy in the place searched or the thing seized in order to be entitled to suppression of evidence based upon allegedly unlawful search and seizure.  United States v. Caymen, 404 F.3rd 1196, 1199-1200 (9th Cir. 2005).

WHO TO CONTACT?

Contact Monder Law Group to learn more about your Fourth Amendment right do not allow your constitutional rights to be waived. Our attorneys are experienced criminal defense attorneys who will review the specifics of your case to see if you have standing as an overnight guest. If you do qualify as an overnight guest, then you have a legitimate expectation of privacy in your host’s home, where you and your possessions will not be disturbed. Do not allow your privacy to be violated, allow us the opportunity to fight on your behalf.

If you have questions about the fourth amendment protections contact San Diego Criminal Defense Attorney Vik Monder at (619) 405-0063 or visit San Diego Criminal Defense