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No Standing to Contest Search of Guest Room

The Court of Appeals determined there was support in the record for the trial court’s finding that defendant did not have standing to contest the search of a room in his grandmother’s house where a weapon was found:

The judge credited the grandmother’s testimony that the bedroom where the gun was found was an extra or guest bedroom; and that defendant had a separate room and did not stay in the guest bedroom. Given these facts, Supreme Court held that defendant failed to meet his burden of establishing a reasonable expectation of privacy in “a room that wasn’t his, that was used by several other people.”  People v Leach, No 130, CtApp 6-25-13

SUPPRESSION

 

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