Brief Fact Summary. Wayne Thomas Carter, Melvin Johns and Kimberly Thompson were arrested after a police officer observed them through a window bagging cocaine. Carter and Johns moved to suppress the evidence, under the theory that they had Fourth Amendment protection against unreasonable search and seizure; however, the court held this does not apply to individuals who merely visit another’s home.
Synopsis of Rule of Law. The Fourth Amendment protection against unreasonable search and seizure does not extent to visitors to another’s home who do not stay overnight.
An overnight guest in a home may claim the protection of the Fourth Amendment, but one who is merely present with the consent of the householder may not.View Full Point of Law