3.1.3

• Jurisdiction: Arizona

§ 3.1.3 Hotels/Motels/Tents/Forest Areas

For Hotels and Motels, see § 5.10, “Hotel and Motel Searches.” For Doorways and Hallways, see § 3.1.2(3).

1. Tents, Campers or Trespassers on Public or Private Land. “Other courts have held that a defendant lacks a reasonable expectation of privacy in a dwelling unlawfully located on property belonging to the government or a third party.” State v. Adams, 197 Ariz. 569, 5 P.3d 903 (App. 2000) (Div. 1) (citing cases) (defendant had standing to challenge search of his residence located in a theater, because he “legally owned his building and enjoyed the right to be there notwithstanding his zoning violation”; court noted that in other cases, defendants “were not entitled to occupy the property at all; as trespassers, they could not have any reasonable expectation of privacy in another’s property”).

The Ninth Circuit has held that a person may have an expectation of privacy in a tent, even as a trespasser...