Aldred
United States v. Aldred
Opinion
Lead Opinion
MEMORANDUM
Defendant, Robert Benjamin Aldred, was indicted for being a felon in possession of a firearm, in violation of 18 U.S.C. § 922 (g)(1), and for possessing an unregistered firearm, in violation of 26 U.S.C. §§ 5861 (d) and 5871. The district court granted Defendant’s motion to suppress, ruling that (1) Defendant had a reasonable expectation of privacy in a shed in which he had stayed three weeks earlier and (2) the search warrant was invalid because the supporting affidavit referred to evidence that was observed illegally during a previous search. We reverse.
Fourth Amendment rights cannot be asserted vicariously. Rakas v. Illinois, 439 U.S. 128, 133-34 , 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978); United States v. Johns, 851 F.2d 1131, 1135 (9th Cir.1988). In order to claim the protections of the Fourth Amendment, Defendant must establish, under the totality of the circumstances, that he had a reasonable expectation of privacy in the shed. Minnesota v. Carter, 525 U.S. 83, 88-89 , 119 S.Ct. 469 , 142 L.Ed.2d 373 (1998). He failed to meet this burden.
The premise of Defendant’s argument is that he was a “tenant” who could lose his expectation of privacy only if he…