Defendant had standing to challenge police entry into the premises although he was considered by the government to be a squatter. He was invited in and stayed in one room. While he had standing, his flight out the window leaving a backpack behind was an abandonment. United States v. Martin, 2010 U.S. Dist. LEXIS 2962 (D. Utah January 14, 2010)*:<\/p>\n
Based on the above, the Court finds that this case is distinguishable from the types of trespasser\/squatter cases cited by the government. Rather, the Court finds that Defendant’s status is much more akin to that of an overnight guest than of a trespasser or squatter. The Supreme Court, in Minnesota v. Olson, recognized that a person’s “status as an overnight guest is alone enough to show that he had an expectation of privacy in the home that society is prepared to recognize as reasonable.” As set forth above, Defendant was invited to stay at the home by one with the apparent authority to do so, he was given a room to stay in, and he moved his personal possessions into that room. As to that room, the parties have stipulated that Defendant would testify that he believed that: his bedroom was his private domain, he had the right to exclude others from the bedroom, and others would not enter the bedroom without his express or implied consent. Based on these things, the Court finds that Defendant had a reasonable expectation of privacy and has the ability to challenge Deputy Gamble’s entry into the home and the bedroom he occupied, in particular.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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