United States v. Kevin L. Poulsen
Opinion
Opinion
Alarcon, J.
The Government appeals from the order granting Kevin Poulsen’s motion to suppress computer tapes turned over to the pohce after they were seized by the manager of the Menlo-Atherton Storage Facihty (“Menlo”) because Poulsen failed to pay rent when due on a storage locker. Poulsen filed a motion to suppress. The Government requested dismissal of the motion on the ground, inter alia, that Poulsen did not have a legitimate expectation of privacy. The district court concluded that Poulsen had a legitimate expectation of privacy in the contents of the locker.
The district court granted the motion to suppress the computer tapes because it concluded that the manager did not have apparent authority to consent to the search of the contents of the storage locker. We do not reach the merits of the district court’s ruling on the alleged Fourth Amendment violation because we conclude that Poulsen has not demonstrated that he had a legitimate expectation of privacy in the contents of his locker after the manager of the storage facility seized the property because the rent was overdue.