STATE v. REDLICH (2004)

¶ 1 Bryan James Redlich (Redlich) appeals from an order of the Fifth Judicial District Court, Beaverhead County, entered on March 28, 2003, denying his motion to suppress evidence obtained after a warrantless search of a home he occupied as a party guest.   We affirm.

¶ 2 The issue on appeal is whether the District Court erred in denying Redlich's motion to suppress.

BACKGROUND, STANDARD OF REVIEW AND DISCUSSION

¶ 3 Redlich's appeal stems from the same facts as State v. Smith, 2004 MT 234, 322 Mont. 466, 97 P.3d 567.   We need not recite the facts and standard of review here;  instead we refer the reader to our opinion in Smith.   The only relevant difference is that upon entering the apartment, the officers found Redlich in a bedroom rather than in the bathroom, where they found Smith.   Redlich was charged with Unlawful Transactions with Children and Underage Possession of Alcohol.   Like Smith, Redlich filed a motion to suppress evidence obtained during the warrantless search of the apartment.   Redlich appeals the denial of said motion.

¶ 4 Based on the same rationale as we set forth in ¶¶ 8-11 of Smith, we affirm the District Court.   The District Court did not err by denying Redlich's motion to suppress.   Redlich did not have a reasonable expectation of privacy from the police in the common areas of the apartment, and thus did not having standing to challenge the search.

¶ 5 Affirmed.

Justice JIM REGNIER delivered the Opinion of the Court.

We Concur:  KARLA M. GRAY, C.J., PATRICIA O. COTTER, JOHN WARNER, W. WILLIAM LEAPHART, JAMES C. NELSON and JIM RICE, JJ.