Motion to Suppress House Guests
Motion to Suppress House Guests
What is required for a House Guest to Challenge an Unlawful Search?
Standing: In order for there to be a 4th Amendment Search there must be a reasonable expectation of privacy in the thing
of person B. Person A would not have an expectation of privacy in the search of person B's bedroom. However, Person B would likely have an expectation of privacy in other areas, such as his own pockets, or inside his bag, and possibly the home depending on the circumstances.
Facts are Important:
Courts have done a good job of fleshing out areas where house guests would have a reasonable expectation of privacy and where they would not. Consider a few of the cases where a house guest was found to have such an
: The expectation of privacy is found in his own pocket. See Arriaga v. State, 910 So.2d 883 (Fla. 5th DCA 2005). The expectation of privacy is found in an apartment where an overnight
had brought all of her possessions to the apartment and wasn't sure when she would be leaving. See Brady v. State, 394 So.2d 1073 (Fla. 4th DCA 1981).
Why you need a lawyer:
can be the deciding factor in a number of cases. In some instances, a failed motion to success can mean jail or prison, whereas a successful motion to suppress can mean freedom. Once a judge decides on a motion to suppress, there is always the option of asking for a rehearing if the outcome is unfavorable. However, getting a judge to overturn an unfavorable decision is far more difficult than prevailing on the motion the first time. It's important to hire an experienced lawyer who has research tools at his disposal and is experienced enough to make the critical distinctions necessary to prevail on your motion to suppress.
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