Are Evidence Obtained by Government Intrusion of Privacy Admissible ?

An accused has standing to challenge the admission of evidence obtained by a governmental intrusion only if he had a legitimate expectation of privacy in the place invaded. Rakas v. Illinois, 439 U.S. 128, 143, 99 S. Ct. 421, 430, 58 L. Ed. 2d 387 (1978). The accused has the burden of proving facts establishing a legitimate expectation of privacy. Calloway v. State, 743 S.W.2d 645, 650 (Tex. Crim. App. 1988). The accused must prove: (1) that by his conduct, he exhibited an actual subjective expectation of privacy; (2) that circumstances existed under which society was prepared to recognize his subjective expectation as objectively reasonable. Villarreal v. State, 935 S.W.2d 134, 138 (Tex. Crim. App. 1996). The following factors are relevant to the court's determination of whether appellant's subjective expectation was one that society was prepared to recognize as objectively reasonable: (1) whether he had a property or possessory interest in the place invaded; (2) whether he was legitimately in the place invaded; (3) whether he had complete dominion or control and the right to exclude others; (4) whether, before the intrusion, he took normal precautions customarily taken by those seeking privacy; (5) whether he put the place to some private use; (6) whether his claim of privacy is consistent with historical notions of privacy. Id.