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Criminal Law

: Fourth Amendment

N.D.Ga.: Example of why no standing shown in another's hotel room

By John Wesley Hall, Jr.

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Defendant failed to show standing in a hotel room that he was not registered to that he was only a casual visitor to. United States v. Bushay, 2012 U.S. Dist. LEXIS 37935 (N.D. Ga. March 12, 2012)*: First, Judge Baverman concluded that Bushay lacked standing to challenge the agents' search of the hotel room because he did not establish that he had a subjective or objective expectation of privacy in the hotel room. As to Bushay's subjective expectation of privacy, the magistrate judge concluded that Bushay did not show that he had an unrestricted right of occupancy or custody and control of the premises as distinguished from occasional presence on the premises as a mere guest or invitee. Specifically, Bushay failed to establish that the room was rented in his name, that he paid for the room, or that he was the registered additional guest...continue to full post

Full post as published by Fourth Amendment on March 23, 2012 (boomark / email).

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