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STATE v. DAVIS

No. 17271.

929 A.2d 278 (2007)

283 Conn. 280

STATE of Connecticut v. James L. DAVIS III.

Supreme Court of Connecticut.

Decided July 31, 2007.

Attorney(s) appearing for the Case

Elizabeth M. Inkster, senior assistant public defender, for the appellant (defendant).

Michael L. Regan, state's attorney, with whom, on the brief, were Kevin T. Kane, chief state's attorney, and Denise B. Smoker, senior assistant state's attorney, for the appellant (state).

Susan O. Storey, chief public defender, Martin Zeldis, chief of legal services, and Kevin Smith and Catherine Kollet, certified legal interns, filed a brief for the office of the chief public defender as amicus curiae.

Jon L. Schoenhorn, Hartford and Conrad Ost Seifert, Old Lyme, filed a brief for the Connecticut Criminal Defense Lawyers Association as amicus curiae.

Denise B. Smoker, Rocky Hill, filed a brief for the office of the chief state's attorney as amicus curiae.

BORDEN, NORCOTT, KATZ, PALMER, VERTEFEUILLE, ZARELLA and SULLIVAN, Js.

PALMER, J.

The principal issue in this appeal is whether a criminal defendant has a state constitutional right to challenge the legality of a search, notwithstanding the fact that he had no reasonable expectation of privacy in the subject of the search, if he was legitimately on the searched premises or was charged with an offense of which possession of the seized item is an element. A jury found the defendant, James L. Davis III guilty of manslaughter in the first...

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