Defendant hiding in a house failed to show that he had a reasonable expectation of privacy in it where it was attempted to be proved by one sentence in a police report and he did not testify. United Sates v. Manson, 2012 U.S. Dist. LEXIS 95799 (N.D. Ga. July 11, 2012)*:<\/p>\n
Defendant would have no reasonable expectation of privacy for purposes of Fourth Amendment protection unless he could show that he had a reasonable expectation of privacy in the particular quarters of the house where he stayed over night and that those specific rooms were subject to the challenged search. In the absence of such a showing, the Defendant would not have standing to challenge the search and seizure. United States v. Rackley, 742 F.2d 1266, 1270 (11th Cir. 1984). The Defendant’s showing here relied on a slim reed of evidence – his own statement to one of the officers, as reflected in a police report, made after he was caught hiding out in the house. No affirmative evidence was presented as to how long the Defendant purportedly had stayed in the house or in what room(s) he stayed. Ms. Caja’s statements to the police lend no support for the Defendant’s assertion. Under these circumstances, the Court finds insufficient credible, specific evidence to sustain Plaintiff’s contention that he had a reasonable expectation of privacy in some portion of the house where the search was conducted and where contraband was discovered. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"
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