STATE v. ADAMS

No. 1 CA-CR 98-0528.

5 P.3d 903 (2000)

197 Ariz. 569

STATE of Arizona, Appellant, v. Corey Matthew ADAMS, Appellee.

Court of Appeals of Arizona, Division 1, Department E.

As Amended May 12, 2000.


Attorney(s) appearing for the Case

Richard M. Romley, Maricopa County Attorney by Gerald R. Grant, Deputy County Attorney, Criminal Division, Phoenix, Attorneys for Appellant.

Debus, Kazan & Westerhausen, Ltd. by Lawrence I. Kazan, Esq., Tracey Westerhausen, Esq., Phoenix, Attorneys for Appellee.


OPINION

GERBER, Judge.

¶ 1 Does a criminal defendant whose business premises are subjected to a lawful search pursuant to a warrant, have a reasonable expectation of privacy in a personal residence unlawfully maintained on the same property? Because we conclude that this defendant did enjoy an expectation of personal privacy beyond the commercial enterprise, we affirm the trial court's order suppressing the evidence seized from the residence.

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