United States v. McNeal – Case Brief Summary (Federal Court)

In United States v. McNeal, 955 F.2d 1067 (6th Cir. 1992), the Sixth Circuit Court of Appeals held that a defendant found hiding in an apartment during a police search did not have a reasonable expectation of privacy in the premises.

Although the defendant was there at the invitation of the renter, he had no clothes or toothbrush or any other belongings on the premises from which one could infer that he had intended to spend the night on the evening of the search, and he had never spent the night there before.

The court found that he was but a casual, transient visitor.