Legal Question in Criminal Law in California

Re: probation search

I assume you are asking if the back-room person can challenge the search as illegal and without a warrant. Their right to challenge the search depends on whether the person in the back room was a resident, houseguest or casual visitor. Whether a houseguest has standing to challenge a search of the house depends on whether he was merely a �casual visitor� or something more. Casual visitors won't have standing to contest a search of any place or thing in the house -- except their own belongings.

A casual visitor, even legitimately on the premises, has no ownership interest in the residence and no right to exclude others or otherwise exercise control of the premises.

An overnight houseguest, however, will have standing to challenge a search of areas and things to which he was given temporary possession and control (such as his bedroom and chest of drawers, but not other rooms and property.

An illegal search or seizure violates the federal constitutional rights only of those who have a legitimate expectation of privacy in the invaded place or thing.