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UNITED STATES v. PADILLA

No. 92-207.

508 U.S. 77 (1993)

113 S.Ct. 1936

123 L.Ed.2d 635

UNITED STATES v. PADILLA et al.

Supreme Court of United States.

Decided May 3, 1993.

Attorney(s) appearing for the Case

Acting Solicitor General Bryson argued the cause for the United States. With him on the briefs were Solicitor General Starr, Assistant Attorney General Mueller, and Joel M. Gershowitz.

Walter B. Nash III, by appointment of the Court, 507 U.S. 904, argued the cause for all respondents. With him on the brief for respondents Padilla et al. were Richard B. Jones and Natman Schaye. David A. Bono, by appointment of this Court, 506 U.S. 1077, filed a brief for respondents Simpson et al.*

Per Curiam.

The United States Court of Appeals for the Ninth Circuit has adopted what it terms a "coconspirator exception" to the rule regarding who may challenge the constitutionality of a search or seizure. Under its reasoning, a co-conspirator obtains a legitimate expectation of privacy for Fourth Amendment purposes if he has either a supervisory role in the conspiracy or joint control over the place or property involved in the search or seizure. This "exception...

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