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PA: Regular guest did not have to be staying there that day when he was entering it that day regularly to get drugs to sell on the street

By John Wesley Hall, Jr.

Defendant who "stayed the weekend" sometimes and helped out the occupant with her bills had standing to challenge a search of the premises. The fact he had not spent the night before was not determinative. It was apparent he could come and go at will. Thw warrentless entry, however, was based on exigent circumstances. Commonwealth v. Bostick, 2008 PA Super 233, 2008 Pa. Super. LEXIS 3066 (September 30, 2008): [*P18] It is apparent from the court's remarks that it accepted the Commonwealth's argument that Appellant had to establish that he was staying on the premises as an overnight guest at the time the incident occurred in order to establish a reasonable expectation of privacy. However, we can find no Pennsylvania case that supports this proposition...continue to full post

Full post as published by Fourth Amendment on December 01, 2008 (boomark / email).