Does a defendant have a reasonable expectation of privacy in the home?

California, United States of America


The following excerpt is from People v. Brown, C078699 (Cal. App. 2017):

Defendant's characterization of himself as an "occupant" of the home is unavailing. That defendant happened to be inside the house when officers arrived does not mean he had a reasonable expectation of privacy in the residence. Such an expectation must be grounded in " ' "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." ' " (People v. Stewart, supra, 113 Cal.App.4th at p. 250, original italics.) Presence alone when officers arrived is insufficient.

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