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Criminal Law

: Fourth Amendment

AR: Persons napping in a motel room with no shown relationship to renter had no standing

By John Wesley Hall, Jr.

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Defendants' napping in somebody else's motel room without any explanation of their relationship to the renter of the room did not show an expectation of privacy in the motel room. Anderson v. State, 2008 Ark. App. LEXIS 568 (September 10, 2008) (4-2): Examining the facts of this case, the record shows only that appellants were napping during the afternoon in a motel room that was registered to another person and that they had no personal belongings with them in the room. Otherwise, the nature of appellants' presence in the room and their status vis-a-vis the registered occupant were completely unexplained. Appellants failed to offer any evidence revealing how they came to be present in someone else's motel room, or how long they had been there...continue to full post

Full post as published by Fourth Amendment on September 26, 2008 (boomark / email).

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