Does Missouri have standing to challenge the search?

Question

Greenville detectives, investigating a crack-cocaine ring, obtained a warrant to search the apartment of Curtis and Laura Sibert (Siberts) for cocaine. Victor Missouri was in the apartment at the time, standing near a quantity of crack cocaine. He was arrested and charged with trafficking in crack cocaine. He seeks to challenge the search; the lead detective admitted that he lied in the affidavit issued in support of the search warrant. South Carolina claims that Missouri has no standing to challenge the evidence because he has no reasonable expectation of privacy in the Siberts' apartment. Missouri and Curtis Sibert have been close friends for many years. On occasion, Curtis gave Missouri a key to the Siberts' apartment, allowing Missouri to come and go as he pleased. Even though Missouri lived only a few miles away, he would stay at the Siberts' apartment whenever he wanted to "get away." Missouri testified that the apartment was a place of comfort and solace for him and that he felt a sense of privacy there. At the time of the arrest Missouri's key ring contained two car keys and a key to his own apartment, but he was there for at least seven hours.
What will be an ideal response?

Answer 1

Yes
The trial judge found Missouri had a reasonable expectation of privacy in the Siberts' apartment. The court of appeals reversed, holding that Missouri did not have "standing" because he did not have a reasonable expectation of privacy in the Siberts' apartment—he was merely a permitted guest conducting business, not an overnight guest entitled to Fourth Amendment protection. The South Carolina reversed the Court of Appeals and held that Missouri did have a reasonable expectation of privacy. The facts include the friendship of Missouri and Curtis (they had grown up together) and that Missouri had frequently visited the Siberts' apartment in the past and occasionally spent the night. It was a place to "get away" and a place to "find comfort." At times, Missouri had a key to the Siberts' apartment and kept a change of clothes there. He paid nothing to use the apartment and was there for at least seven hours on the day of the search.