D.V.I.: A mere late night visitor did not show that he was an overnight guest

Defendant was a mere visitor and not an overnight guest. United States v. Henry, 2012 U.S. Dist. LEXIS 97624 (D. V.I. July 15, 2012):

Defendant Henry claims that he had a reasonable expectation of privacy based on his status [as] an “overnight guest” or “social guest.” Defendant Henry identifies several facts in support of his claim that he had a reasonable expectation of privacy at the time of the search: 1) he was in Apartment 195 at a late hour of the night; 2) when police encountered him he was in a “subconscious” state (because he may have been smoking marijuana); 3) he was in the apartment watching a basketball game on television with the permission of the tenants; 4) he “periodically” hangs out at Apartment 195: and 5) he has a friendship with the alleged tenants. (Dkt. No. 77 at 2-3). [¶] When viewed in their totality, these facts establish only that Defendant was a “short-term guest” or a “casual visitor” at Apartment 195, not an overnight guest.

“Pariseau voluntarily consented to the search. After the arresting officer explained that he would be detained while they sought a warrant to search him, he said, ‘You may as well just search me now.’” The record supports consent. United States v. Pariseau, 685 F.3d 1129 (9th Cir. 2012).*