State v. Gaters, 2017 SD 60.  Officers arrested defendant after they executed a search warrant at his friend’s home.  During the search, the officers found marijuana in the defendant’s van parked outside the home.  Defendant moved to suppress the evidence, asserting that the search violated his Fourth Amendment rights.  The circuit court found that the defendant did not have a legitimate expectation of privacy in his friend’s home and could not challenge the search.  The court alternatively ruled that the search did not violate the defendant’s Fourth Amendment rights.  Defendant appealed, and, per Justice Wilbur, the Supreme Court affirmed, finding that the defendant had not met his burden that he had a subjective expectation of privacy in his friend’s home that society would recognize as reasonable.
Continue Reading September 21, 2017, Case Summaries