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Defendant's blanket and unsupported assertion he was a guest was not enough

By John Wesley Hall, Jr.

Defendant who ran through the house of a friend evading the police did not show that he had standing. His blanket assertion he was a "guest" was not enough. State v. Gulley, 2008 Ohio 887, 2008 Ohio App. LEXIS 740 (9th Dist. March 3, 2008): [*P25] There is no indication that Thomas Walker gave Gulley permission to enter his home or that either of the Walkers even knew when Gulley came to the house. In fact, Danielle was not even home when Gulley ran to the house to evade Officer Overdorf. Gulley ran straight into the enclosed and unlocked porch. Additionally, Gulley makes no attempt to distinguish his privacy expectation in the Walker home from the privacy expectations of the other ten to twelve different individuals who came into the home each day...continue to full post

Full post as published by Fourth Amendment on March 07, 2008 (boomark / email).