Does a person lawfully present on the premises have standing?

California, United States of America


The following excerpt is from People v. Koury, 214 Cal.App.3d 676, 262 Cal.Rptr. 870 (Cal. App. 1989):

In addition, the post-Rakas cases generally have concluded that a person lawfully present on the premises has standing when he or she is more than a "casual visitor." (See, e.g., United States v. Salvador (9th Cir.1984) 740 F.2d 752, 753 where the defendants who were present at the time of the search and who had stayed overnight at their relatives' house and "for longer periods on prior occasions" and "kept personal belongings at the residence" were found to have standing; United States v. Pollock (9th Cir.1984) 726 F.2d 1456, 1457 where the defendant was held to have standing [214 Cal.App.3d 688] based upon "joint control and supervision" of the place by operating an illegal drug lab there.)

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