State v. Fernandez

This is an appeal by the State of Florida from the trial court's order granting Fernandez’s motion to suppress physical evidence seized from a private home. The trial court suppressed the evidence because of the unlawful search of the home. We affirm.

We disagree with the state’s argument that Fernandez has no standing to contest the search since he was not the owner or lessee of the premises searched. The record reveals that Fernandez was an invited guest in the home searched and, therefore, had a legitimate expectation of privacy. We agree with the court that his fourth amendment rights were…