California, United States of America
The following excerpt is from People v. Moreno, 2 Cal.App.4th 577, 3 Cal.Rptr.2d 66 (Cal. App. 1992):
4 In United States v. Minis (5th Cir.1982) 666 F.2d 134, a "caretaker" case, the court recognized but did not decide the issue: "The district court held that Minis had standing to assert the Fourth Amendment violation, having a legitimate expectation of privacy in the premises searched, because he was the caretaker of the entire premises [six-acre rural residence where contraband found]. Although the government moved for reconsideration of the 'standing' decision, which motion was denied, they do not raise the 'standing' issue on appeal, and we therefore do not consider it here." (Id. at p. 137, fn. 7.)
5 An expectation of privacy in a vehicle must be distinguished from a person's expectation regarding freedom from an initial illegal stop of the vehicle. "Even if defendant lacks standing to challenge the search of the car, if the initial stop was illegal, the seized contraband is subject to exclusion under the 'fruit of the poison tree' doctrine. [Citations.]" (United States v. Erwin, supra, 875 F.2d at p. 269, fn. 2.)
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