Under Pennsylvania law, anytime someone files a motion to suppress a search, that person must first demonstrate he has standing to challenge the search and a legitimate expectation of privacy in the place searched. The challenger must demonstrate these two elements before the Court can even entertain the motion to suppress.
The concept of standing, in the area of a motion to suppress, is generally not at issue. In order to have standing, the challenger must have been “injured” or “aggrieved” in some way by the search. In Pennsylvania, anytime a person is charged with a possessory offense (possession of drugs, firearms, pornography, etc.) that person, by law, has automatic standing. The issue becomes with the second element, namely legitimate expectation of privacy.
In order for the challenger to demonstrate he has a legitimate expectation of privacy in the place searched, the challenger must establish he had a subjective expectation of privacy in the place searched and that his expectation is one society is prepared to recognize as legitimate. This inquiry is entirely driven by the facts.
If you or a loved one is charged with a possessory offense as a result of contraband the police found during a search, contact the experienced and aggressive attorneys at the Kelly Law Firm for a free consultation.