What is the basis for a motion to suppress evidence in a criminal case brought by an overnight guest who was arrested without a warrant?

California, United States of America


The following excerpt is from People v. Scott, 17 Cal.App.4th 405, 21 Cal.Rptr.2d 193 (Cal. App. 1993):

On the basis of the evidence presented at the hearing, the motion and notice of motion to suppress evidence on the basis of the unlawful arrest, I would hold appellant asserted the illegal arrest as a ground for challenging admission of the evidence seized as a result of the warrantless arrest. Further, based on the evidence establishing appellant's status as an overnight guest and the virtual per se rule of standing for overnight guests announced in Minnesota v. Olson, supra, 495 U.S. 91, 110 S.Ct.

Page 199

1 Statutory references, unless otherwise noted, are to the Penal Code.

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