What is the test for determining whether a person has a legitimate expectation of privacy in a vehicle?

California, United States of America


The following excerpt is from People v. Casares, 198 Cal.Rptr.3d 167, 364 P.3d 1093, 62 Cal.4th 808 (Cal. 2016):

facts, select the rule of law, and apply it to the facts in order to determine whether the law as applied has been violated. [Citation.] We review the court's resolution of the factual inquiry under the deferential substantial evidence standard. Whether the relevant law applies to the facts is a mixed question of law and fact that is subject to independent review." (People v. Thompson (2010) 49 Cal.4th 79, 111112, 109 Cal.Rptr.3d 549, 231 P.3d 289.)

"[C]apacity to claim the protection of the Fourth Amendment depends ... upon whether the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded place." (Rakas v. Illinois (1978) 439 U.S. 128, 143, 99 S.Ct. 421, 58 L.Ed.2d 387.) A legitimate expectation of privacy in a vehicle

[364 P.3d 1116]

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