What is the burden of proving a person had a reasonable expectation of privacy during a search?

California, United States of America


The following excerpt is from People v. Allen, 17 Cal.App.4th 1214, 21 Cal.Rptr.2d 668 (Cal. App. 1993):

" 'A defendant bears the burden to show he had such an expectation. [Citations.] Factors to consider in the determination include " 'whether the defendant has a [property or] possessory interest in the thing seized or the place searched; whether he has the right to exclude others from that place; whether he has exhibited a subjective expectation that it would remain free from governmental invasion, whether he took normal precautions to maintain his privacy and whether he was legitimately on the premises.' " [Citations.]' [Citation.]" People v. Ybarra (1991) 233 Cal.App.3d 1353, 1360, 285 Cal.Rptr. 200.)

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