STATE v. REDLICH

JUSTICE REGNIER delivered the Opinion of the Court.

¶ 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.

¶ 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.

CHIEF JUSTICE GRAY, JUSTICES COTTER, WARNER, LEAPHART, NELSON and RICE concur.