How have the courts treated the evidence of a burglary in the context of the discovery of paper bags and other debris left behind by the fleeing burglars?

California, United States of America


The following excerpt is from People v. Newell, 155 Cal.Rptr. 430, 93 Cal.App.3d 29 (Cal. App. 1979):

Here it was clear to the detective that the fleeing burglars had Exhibited no "reasonable expectation of privacy" in regard to the paper bags and other debris left behind by them in plain view of all who might enter the vacant premises through the holes they had cut, or the open rear door, or otherwise. Nor had the premises' owner or other rightful possessor appeared to exhibit a reasonable expectation of privacy in the vacant and empty store. And a burglar's right to object to the introduction of evidence seized from a third person (see Kaplan v. Superior Court, supra, 6 Cal.3d 150, 155, 98 S.Ct. 649, 491 P.2d 1), does not exist where the third person is one of the burglary's

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