California, United States of America
The following excerpt is from People v. Ingram, 16 Cal.App.4th 1745, 21 Cal.Rptr.2d 33 (Cal. App. 1993):
In People v. Berry (1990) 224 Cal.App.3d 162, 273 Cal.Rptr. 509, this court considered the characteristics which distinguish a visitor from an occupant for Fourth Amendment purposes. The issue before the court was whose personal property law enforcement officers could search pursuant to a warrant to search a residence. We held, if the circumstances apparent to the searching officers show indicia of only a casual, temporary presence at the place being searched, the person is a "mere visitor" whose property cannot be searched solely because it happens to be located on premises named in the warrant. If the circumstances suggest a relationship between the person and place sufficient to connect the individual to the illegal activities giving rise to the warrant, search of the person's property on the premises is permitted. (Id. at p. 169, 273 Cal.Rptr. 509.)
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