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D.Utah: Alleged trespasser still had standing because he lived there with permission

By John Wesley Hall, Jr.

Defendant had standing to challenge police entry into the premises that he was considered by the government to be a squatter. He was invited in and stayed in one room. While he had standing, his flight out the window leaving a backpack behind was an abandonment. United States v. Martin, 2010 U.S. Dist. LEXIS 2962 (D. Utah January 14, 2010)*: Based on the above, the Court finds that this case is distinguishable from the types of trespasser/squatter cases cited by the government. Rather, the Court finds that Defendant's status is much more akin to that of an overnight guest than of a trespasser or squatter. The Supreme Court, in Minnesota v. Olson, recognized that a person's "status as an overnight guest is alone enough to show that he had an expectation of privacy in the home that society is prepared to recognize as reasonable...continue to full post

Full post as published by Fourth Amendment on January 18, 2010 (boomark / email).