E.D.Cal.: Def’s “‘bald assertion that he was an overnight guest,’ and nothing more, is certainly insufficient to establish that he had a legitimate” REP

Defendant was in a motel room coming out of the shower when the police came in. His own assertion he was an overnight guest for the previous two nights alone was insufficient to show his standing. United States v. McDaniels, 2020 U.S. Dist. LEXIS 217222 (E.D. Cal. Nov. 18, 2020):

Thus, a defendant’s “bald assertion that he was an overnight guest,” and nothing more, is certainly insufficient to establish that he had a legitimate expectation of privacy in the place searched. United States v. Reyes-Bosque, 596 F.3d 1017, 1027 (9th Cir. 2010) (internal quotation marks and citation omitted). In Reyes-Bosque, one of the defendants merely stated that he was at the house to rest and stay overnight. 596 F.3d at 1027. Although the defendant contended that his presence as an overnight guest was an undisputed fact, the Ninth Circuit disagreed. Id. Besides the defendant’s own statement, there was no evidence that he had personal items with him that suggested he was staying the night, had a key to the location, stored items at the location, or was free to come and go as he pleased. Id. And, most notably, the person in control of the location never stated that he had given the defendant permission to stay as an overnight guest. Id. As a result, the court held the evidence did not establish the defendant as an overnight guest, thus, he lacked standing to challenge the search. Id. at 1028.

Here, too, Defendant has presented insufficient evidence. The Court has Defendant’s own statement that he was an overnight guest in the motel room, see Def.’s Decl. at 1, and statements from others that he had just emerged from the shower when the police entered the room, see Officer’s Report at 3-4. But that is all. Moreover, Riggins, the person in control of the motel room, denied anyone else was staying there with her. See Spencer Body Camera Footage at 4:10-4:50. Defendant has failed to present any evidence (other than his own statement) that contradicts or corrects Riggins’ statement that she was staying in the motel room alone. For example, a declaration from Riggins herself might have been persuasive. Absent that, or any other persuasive evidence, the Court does not find that Defendant was an overnight guest. Thus, Defendant lacks standing to challenge the search. Given this finding the Court need not reach the other arguments raised by the Government in opposition to this motion.