CA6: “A king or a criminal may assert a violation of the Fourth Amendment.” But def loses on the merits

Defendant spent two weeks living in the apartment of another. “A king or a criminal may assert a violation of the Fourth Amendment.” He had a bedroom to himself. “The district court erred in finding that Allen did not have a reasonable expectation of privacy in the bedroom.” The primary tenant consented to the initial search. “Whether or not Allen had a reasonable expectation of privacy, the evidence would have been discovered. Whether or not Hindy’s consent was valid, the evidence would have been discovered. The evidence would have been discovered and admitted against Allen at trial whether or not the initial search of the bedroom occurred. Accordingly, the district court did not err in denying Allen’s motion to suppress.” United States v. Allen, 2018 U.S. App. LEXIS 272 (6th Cir. Jan. 5, 2018).

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