Skip to content
Name: United States v. Fay
Case #: 04-10401
Court: US Court of Appeals
District 9 Cir
Opinion Date: 06/03/2005

A house guest had no reasonable expectation of privacy in an open duffle bag kept in a common area accessible to all occupants of the apartment. The Ninth Circuit distinguished cases finding that a guest had an expectation of privacy in property stored in a host’s home, noting that the bag in this case was open and kept in an area readily accessible to anyone in the apartment. The court rejected defendant’s argument that he expected the bag to be private because he stored it on a high shelf.