Does a defendant have standing to contest a search of a friend's home?

In United States v. Davis, 932 F.2d 752, 757 (9th Cir. 1991), this court held that the defendant had standing to contest the search of a friend's apartment when the defendant previously had resided at the apartment and still possessed a key; had permission to come and go as he pleased; had independent access to the place searched; stored items in a locked safe at the apartment to ensure privacy; and assumed an ongoing obligation to pay rent. This court found the defendant's continuing obligation to pay rent especially "significant. " Under the totality of the circumstances, the defendant had established a legitimate expectation of privacy in his friend's apartment. Id.

By contrast, in United States v. Armenta, 69 F.3d 304, 308 (9th Cir. 1995), this court held that a defendant did not have standing to challenge the legitimacy of a search when the following evidence was presented: the defendant's sworn declaration that he was an overnight guest; a police officer's testimony that the defendant had stayed at the house the night before the search; certain personal items of the defendant's found at the house; and the declaration of the defendant's lawyer that the owner of the house would testify that the defendant was a guest. In so holding, the court observed that the defendant's "bald assertion that he was an overnight guest . . . is not sufficient to establish

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