Criminal Procedure: Search & Seizure: Reasonable Expectation of Privacy

Reasonable Expectation of Privacy:

• No REP when you have no standing to object to legality of the search
• Three automatic categories of standing. If you show 1 of 3 you always have standing:
• You own the premises searched
• You live on the premises searched, whether you have ownership interest or not
  
• Overnight guests
• Sometimes standing if:
• You were legitimately present when the search took place
• You own the property seized
• On bar:
• Overnight guests = standing
• Car passengers who do not own the car, or the property taken out of the car = no standing to object to search of car just because they were present when the search took place
• Drug dealer briefly on the premises of someone else, solely for the business of cutting up drugs for the sale = no standing to object to search of premises.