context: The "capacity to claim the protection of the Fourth Amendment depends not upon a property right in the invaded place but upon whether the person who claims the protection of the Amendment has a legitimate (that is, a reasonable) expectation of privacy in the invaded place." Thus, unless the appellant can demonstrate a reasonable expectation of privacy in the place searched, his mere possessory interest in the searched government quarters will not establish a Fourth Amendment violation.
citation_a.signal: cf.
citation_a.identifier: 5 M.J. 46, 46-47
citation_a.parenthetical: recognizing that actual standing by virtue of a reasonable expectation of privacy may be established, in certain circumstances, by a proprietory interest in premises seized
citation_a.sentence: See United States v. Salvucci, 448 U.S. at 91-92, 100 S.Ct. at 2552-2553; United States v. Quinn, — U.S.-, 106 S.Ct. 1623, 89 L.Ed.2d 803 (1986) (per curiam decision dismissing writ of certiorari as improvidently granted); Rawlings v. Kentucky, 448 U.S. 98, 105-106, 100 S.Ct. 2556, 2561-2562, 65 L.Ed.2d 633 (1980); United States v. Miller, 13 M.J. 75, 77 (C.M.A.1982) (person seeking to suppress search evidence bears burden of proving he had a legitimate expectation of privacy in area being searched); cf. United States v. Harris, 5 M.J. at 46-47 (recognizing that actual standing by virtue of a reasonable expectation of privacy may be established, in certain circumstances, by a proprietory interest in premises seized).
citation_b.signal: see
citation_b.identifier: 13 M.J. 75, 77
citation_b.parenthetical: person seeking to suppress search evidence bears burden of proving he had a legitimate expectation of privacy in area being searched
citation_b.sentence: See United States v. Salvucci, 448 U.S. at 91-92, 100 S.Ct. at 2552-2553; United States v. Quinn, — U.S.-, 106 S.Ct. 1623, 89 L.Ed.2d 803 (1986) (per curiam decision dismissing writ of certiorari as improvidently granted); Rawlings v. Kentucky, 448 U.S. 98, 105-106, 100 S.Ct. 2556, 2561-2562, 65 L.Ed.2d 633 (1980); United States v. Miller, 13 M.J. 75, 77 (C.M.A.1982) (person seeking to suppress search evidence bears burden of proving he had a legitimate expectation of privacy in area being searched); cf. United States v. Harris, 5 M.J. at 46-47 (recognizing that actual standing by virtue of a reasonable expectation of privacy may be established, in certain circumstances, by a proprietory interest in premises seized).