United States v. Rose

Che Rose (defendant) attended a cookout at longtime acquaintance Brandon Grayson's apartment, having stayed overnight there only once before, at a different apartment. Police came looking for a stolen handgun believed sold to someone at Grayson's apartment; when Grayson refused consent to search, officers began securing the apartment, and an officer saw Rose trying to escape through a window with a gun, which Rose then dropped while attempting to throw it onto the roof. Rose was arrested, found with crack cocaine, and charged with felon-in-possession and drug offenses; he moved to suppress the evidence, arguing the search of Grayson's apartment was illegal, but the trial court found Rose was only a short-term social guest lacking standing to challenge the search, and he appealed after pleading guilty and reserving that issue.