6 Ways to Help Determine Whether Someone Possesses a Reasonable Expectation of Privacy
In People v. Johnson, 114 Ill. 2d 170, 191-92, 499 N.E.2d 1355, 102 Ill. Dec. 342 (1986), the supreme court enunciated several factors that should be examined in order to determine whether a defendant possesses a reasonable expectation privacy such as:
(1) ownership of the property searched;
(2) whether the defendant was legitimately present in the area searched;
(3) whether defendant has a possessory interest in the area or property seized;
(4) prior use of the area searched or property seized;
(5) the ability to control or exclude others from the use of the property;
(6) whether the defendant himself had a subjective expectation of privacy in the property.
Additionally, in Illinois the storage of personal effects and other indicia of residence have been found to confer standing on non-overnight guests. See People v. Alexander, 272 Ill. App. 3d 698, 703, 650 N.E.2d 1038, 209 Ill. Dec. 65 (1995).