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Guest had no standing in the driveway or garage

By John Wesley Hall, Jr.

Even having standing as a guest does not give defendant an expectaiton of privacy in the driveway and garage of the house. Pankey v. City of Concord, 2008 U.S. Dist. LEXIS 22889 (N.D. Cal. March 24, 2008): Pankey did not have a legitimate expectation of privacy as to the Badger residence driveway: the driveway was fully visible from the street and Pankey himself flagged down Officer Nunn. Under these circumstances, it was reasonable for Officer Nunn to stop his car and walk up the driveway to talk to Pankey. Nor did Pankey have a legitimate expectation of privacy as to Badger's garage. Pankey was not an overnight guest. Rather, the evidence showed that Pankey was merely present in Badger's garage with Badger's consent. Accordingly, Pankey cannot assert a Fourth Amendment violation based on the Officers' entry onto Badger's driveway or into Badger's garage...continue to full post

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