2.2.3 Guests, Visitors, and Associates

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

2.2.3 Guests, Visitors, and Associates

In applying the standing doctrine, courts continue to shun earlier "automatic" standing rules. Instead, lawyers are encouraged to place before the judge a wide array of facts—the totality of circumstances— for analysis of the ultimate privacy interest invaded.⁵¹ Under such a review, in a search of a home or vehicle, some invited friends may be found to lack standing,⁵² while others, such as overnight guests, may normally assert claims.⁵³

Staying overnight in another's home is a longstanding social custom that serves functions recognized as valuable by society. . . . We think that society recognizes that a house guest has a legitimate expectation of privacy in his host's home.⁵⁴

A coconspirator or a criminal associate does not enjoy special standing rules. Such an individual does not obtain "a legitimate expectation of privacy for Fourth Amendment purposes if he has either a supervisory role in the conspiracy or joint control over the place...