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Federal Courts -
U. S. Supreme Court - November 17 - December 4, 1998
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Minn. v. Carter, No. 97-1147,
SUPREME COURT OF THE UNITED STATES, December 1, 1998, Decided
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Overview: A police officer looked through a window blind in a lessee's apartment based on an informant's tip. The officer observed respondents bagging cocaine in the apartment. Based on that observation, a warrant was issued, and respondents were arrested and charged with conspiracy to commit a controlled substance crime. Respondents made a motion to suppress the evidence, contending that the officer's observation was an unreasonable search. Ultimately, the state supreme court determined that respondents had standing to assert alegitimate expectation of privacy claim. The court reversed and remanded, holding that an overnight guest in a home could claim the protection of, but one who was merely present with the consent of the householder could not. In addition, property used for commercial purposes was treated differently forpurposes than residential property.
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