New Hampshire v. Boyer
Annotate this CaseThe State appealed a Circuit Court order granting defendant Tyler Boyer's motion to suppress evidence obtained when, without a warrant, the police entered the apartment that he shared with his girlfriend and arrested him. The trial court found that defendant had standing to object to the search despite the fact that, at the time of the search, he was present with his girlfriend in violation of a court order that prohibited him from having contact with her. The State argued that the defendant did not have standing to challenge the search because, given his presence in the apartment in violation of the order, he could not have an expectation of privacy in the apartment that society was prepared to recognize as reasonable. The Supreme Court agreed with the State, and, therefore, reversed and remanded.
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