· 3/26/2004
United States v. Kevin Joseph Bautista
Citations
- 362 F.3d 584
- 2004 U.S. App. LEXIS 5700
- 2004 WL 595351
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that Doráis applied in part because “Bautista ... was a still a lawful occupant”
- holding that opening the door in response to a police demand and then failing to object when officers entered was not voluntary consent
- holding that hotel guest who used stolen credit card had an expectation of privacy in the rented hotel room and that the officer’s entry into room was not supported by proba- ble cause
- explaining that Bautista “retained a legitimate expectation of privacy in the room” because “he was still a lawful oecwpant ”
- providing that “unless his occupancy'had been lawfully terminated when the police conducted their search, [the defendant] retained a reasonable expectation of privacy in the room”
- holding eviction occurs once management has “justifiably terminated [guest’s] control of the room through private acts of dominion”
Source: CourtListener parenthetical corpus (CC0).
Judges: Reinhardt, Fernandez, Rawlinson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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