{"id":7528,"date":"2012-08-04T11:12:56","date_gmt":"2012-08-04T10:24:02","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-08-04T10:24:02","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=7528","title":{"rendered":"TN: Merely staying overnight confers no standing"},"content":{"rendered":"

Merely being an \u201covernight guest\u201d confers no standing. A party guest who spent the night was not entitled to standing because of no luggage or stuff. State v. Jeffries<\/a>, 2012 Tenn. Crim. App. LEXIS 570 (July 31, 2012):<\/p>\n

The items in appellant’s possession on the night of January 4th were typical items that an individual would carry on a regular basis: a cellular telephone, cigarettes, a lighter, and a jacket. The purpose of appellant’s visit to Ms. Albright’s apartment was to “play some cards, drink some beers, and relax….” Appellant’s reliance on the fact that he moved freely about the apartment, storing and retrieving his beer from the refrigerator and using the bathroom, is unpersuasive to our determination of whether he had a reasonable expectation of privacy in the apartment. Appellant’s leaving his jacket behind is also not pertinent. A party guest who spends the night at a residence does not clothe himself with an expectation of privacy therein. State v. Patterson, 966 S.W.2d 435, 441 n.5 (Tenn. Crim. App. 1997); State v. Transou, 928 S.W.2d at 957-58 (Tenn. Crim. App. 1996). Appellant failed to establish that he resided at her apartment or was an overnight guest rather than a “party” guest. Patterson, 966 S.W.2d at 441 n.5. Appellant did not have a reasonable expectation of privacy that would confer standing to challenge law enforcement’s search of Ms. Albright’s apartment.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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