[314]*314LENT, J.
The issue is whether one who entrusts an effect to another has a right under Article I, section 9, of the Oregon Constitution against an unlawful search that discovers the effect.1 We hold one does.
Defendant took video tapes and equipment from his employer’s place of business and pledged them to Charles and Lori Best as collateral for a loan. Police officers, acting under an invalid warrant, discovered these items during a search of the Best residence. The discovery led to defendant’s indictment for theft.
Defendant, relying on Article I, section 9, of the Oregon Constitution, moved to suppress evidence uncovered by the search. The circuit court granted the motion, concluding that defendant had “an expectation of privacy in the Best residence by virtue of the fact that the home was the repository of defendant’s collateral.” On the state’s appeal from the suppression order, the Court of Appeals reversed. State v. Tanner, 82 Or App 296, 728 P2d 47 (1986). That court held that a “thief has no protected interest in stolen property.” 82 Or App at 300. We allowed defendant’s petition for review to consider the applicability of Article I, section 9, to effects entrusted to other persons.
I.
In order to make clear the issue presented by this case, we note and emphasize several issues that are not presented.
First, there is no issue of the lawfulness of the search of the Best residence. The circuit court ruled that the warrant under which the search was conducted was invalid, and the state has not challenged that ruling on appeal. What the state does contend is that the evidence obtained should nonetheless have been admissible on the ground that the unlawful search did not violate the Article I, section 9, rights of defendant.
[315]*315Unlike the Fourth Amendment exclusionary rule, which has been predicated in recent years on deterrence of police misconduct, see, e.g., United States v. Leon, 468 US 897, 905-08, 104 S Ct 3405, 82 L Ed 2d 677 (1984), the exclusionary rule of section 9 is predicated on the personal right of a criminal defendant to be free from an “unreasonable search, or seizure,” State v. Davis, 295 Or 227, 231-37, 666 P2d 802 (1983); State v. Laundy, 103 Or 443, 494, 204 P 958, 206 P 290 (1922) (adopting the former Fourth Amendment rationale expressed in such early United States Supreme Court cases as Weeks v. United States, 232 US 383, 34 S Ct 341, 58 L Ed 652 (1914)).2 That is, the search or seizure must violate the defen[316]*316dant’s section 9 rights before evidence obtained thereby will be suppressed; a defendant’s section 9 rights are not violated merely by admitting evidence obtained in violation of section 9. The issue in this case thus is not whether the police violated section 9—that much is conceded—but whether the police violated defendant’s section 9 rights.
Second, there is no issue of defendant’s standing to challenge the unlawful search of the Best residence. A criminal defendant always has standing to challenge the admission of evidence introduced by the state. State v. McMurphy, 291 Or 782, 785, 635 P2d 372 (1981). The question whether a defendant’s personal rights were violated by an unlawful search or seizure is often mislabeled a question of “standing,” but the question goes to the merits of a motion to suppress. The term “standing” should be used only in the narrow sense of capacity to make a legal challenge.
Third, although the Court of Appeals’ decision was based on its conclusion that “a thief has no protected interest in stolen property,” 82 Or App at 300, the character of the effects given by defendant to the Bests, and in particular whether they were stolen, is irrelevant in this instance. Searches and seizures are separate acts calling for separate analysis. See State v. Owens, 302 Or 196, 205-07, 729 P2d 524 (1986); State v. Elkins, 245 Or 279, 286-88, 422 P2d 250 (1966). The unlawfulness of which defendant complains was a search of the Best residence. If the police violated any right of defendant’s, it was a right against the search that uncovered the effects, not some right in the effects themselves. An unlawful search that uncovers effects such as stolen goods or contraband, which also may not legally be possessed, will nevertheless result in suppression of those effects because the unlawfulness involves an infringement of rights apart from possessory interests (or the lack thereof) in the stolen goods or contraband seized as a consequence of the unlawful search. See, e.g., State v. Kock, 302 Or 29, 725 P2d 1285 (1986) (suppression of stolen goods seized during unlawful search of parked automobile); State v. Perry, 298 Or 21, 688 P2d 827 [317]*317(1984) (suppression of marijuana seized during illegal search of suitcase).3
II.
The general issue that must be addressed in this case is whether the entrustment of an effect to another person is sufficient to establish an Article I, section 9, right against an unlawful search that uncovers the effect. For example, are the rights of a hotel guest who entrusts valuables to the hotel violated if the police unlawfully break into the hotel’s safe where the valuables are stored? Are the rights of a person who loans a hunting rifle to another violated if the rifle is discovered during an unlawful search of the other person’s automobile? If the general issue cannot be decided in the affirmative, there is no basis for defendant’s contention that his section 9 rights were violated in the specific circumstances of this case.
Only two cases decided under section 9 have touched upon this issue. In the first case, State v. Laundy, supra, the defendant was convicted of criminal syndicalism for being a member of the Industrial Workers of the World (IWW). One of his assignments of error on appeal was the trial court’s denial of his petition for the return of certain evidence, among which was an IWW songbook taken from the desk of one Myers. Myers’ desk was across a large room from the defendant’s desk, in an area subleased by an organization separate from the organization for whom the defendant worked. In disposing of this aspect of the defendant’s assignment of error, the court stated, “If any articles were unlawfully taken from Myers’ desk, the defendant cannot complain for the reason [318]*318that if the right of any person was violated it was that of Myers or that of some other third person, and not that of the defendant.” 103 Or at 498.
The opinion does not state whether the defendant had entrusted the songbook to Myers or had any other connection with it. At trial, the state had introduced the songbook into evidence, in order to establish the doctrines espoused by the IWW, not to show that the defendant was a member. Absent a connection between the songbook and the defendant, Laundy is not dispositive of the issue before us.
More relevant is State v. Hoover, 219 Or 288, 347 P2d 69 (1959). In Hoover, police officers stopped an automobile driven by the defendant after a report that the occupants had threatened someone with a gun. During the stop, one of the occupants whispered to an officer that the defendant had given the gun to his wife, who was sitting on it. The officer then reached into the car, pushed the woman aside and seized the gun.
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[314]*314LENT, J.
The issue is whether one who entrusts an effect to another has a right under Article I, section 9, of the Oregon Constitution against an unlawful search that discovers the effect.1 We hold one does.
Defendant took video tapes and equipment from his employer’s place of business and pledged them to Charles and Lori Best as collateral for a loan. Police officers, acting under an invalid warrant, discovered these items during a search of the Best residence. The discovery led to defendant’s indictment for theft.
Defendant, relying on Article I, section 9, of the Oregon Constitution, moved to suppress evidence uncovered by the search. The circuit court granted the motion, concluding that defendant had “an expectation of privacy in the Best residence by virtue of the fact that the home was the repository of defendant’s collateral.” On the state’s appeal from the suppression order, the Court of Appeals reversed. State v. Tanner, 82 Or App 296, 728 P2d 47 (1986). That court held that a “thief has no protected interest in stolen property.” 82 Or App at 300. We allowed defendant’s petition for review to consider the applicability of Article I, section 9, to effects entrusted to other persons.
I.
In order to make clear the issue presented by this case, we note and emphasize several issues that are not presented.
First, there is no issue of the lawfulness of the search of the Best residence. The circuit court ruled that the warrant under which the search was conducted was invalid, and the state has not challenged that ruling on appeal. What the state does contend is that the evidence obtained should nonetheless have been admissible on the ground that the unlawful search did not violate the Article I, section 9, rights of defendant.
[315]*315Unlike the Fourth Amendment exclusionary rule, which has been predicated in recent years on deterrence of police misconduct, see, e.g., United States v. Leon, 468 US 897, 905-08, 104 S Ct 3405, 82 L Ed 2d 677 (1984), the exclusionary rule of section 9 is predicated on the personal right of a criminal defendant to be free from an “unreasonable search, or seizure,” State v. Davis, 295 Or 227, 231-37, 666 P2d 802 (1983); State v. Laundy, 103 Or 443, 494, 204 P 958, 206 P 290 (1922) (adopting the former Fourth Amendment rationale expressed in such early United States Supreme Court cases as Weeks v. United States, 232 US 383, 34 S Ct 341, 58 L Ed 652 (1914)).2 That is, the search or seizure must violate the defen[316]*316dant’s section 9 rights before evidence obtained thereby will be suppressed; a defendant’s section 9 rights are not violated merely by admitting evidence obtained in violation of section 9. The issue in this case thus is not whether the police violated section 9—that much is conceded—but whether the police violated defendant’s section 9 rights.
Second, there is no issue of defendant’s standing to challenge the unlawful search of the Best residence. A criminal defendant always has standing to challenge the admission of evidence introduced by the state. State v. McMurphy, 291 Or 782, 785, 635 P2d 372 (1981). The question whether a defendant’s personal rights were violated by an unlawful search or seizure is often mislabeled a question of “standing,” but the question goes to the merits of a motion to suppress. The term “standing” should be used only in the narrow sense of capacity to make a legal challenge.
Third, although the Court of Appeals’ decision was based on its conclusion that “a thief has no protected interest in stolen property,” 82 Or App at 300, the character of the effects given by defendant to the Bests, and in particular whether they were stolen, is irrelevant in this instance. Searches and seizures are separate acts calling for separate analysis. See State v. Owens, 302 Or 196, 205-07, 729 P2d 524 (1986); State v. Elkins, 245 Or 279, 286-88, 422 P2d 250 (1966). The unlawfulness of which defendant complains was a search of the Best residence. If the police violated any right of defendant’s, it was a right against the search that uncovered the effects, not some right in the effects themselves. An unlawful search that uncovers effects such as stolen goods or contraband, which also may not legally be possessed, will nevertheless result in suppression of those effects because the unlawfulness involves an infringement of rights apart from possessory interests (or the lack thereof) in the stolen goods or contraband seized as a consequence of the unlawful search. See, e.g., State v. Kock, 302 Or 29, 725 P2d 1285 (1986) (suppression of stolen goods seized during unlawful search of parked automobile); State v. Perry, 298 Or 21, 688 P2d 827 [317]*317(1984) (suppression of marijuana seized during illegal search of suitcase).3
II.
The general issue that must be addressed in this case is whether the entrustment of an effect to another person is sufficient to establish an Article I, section 9, right against an unlawful search that uncovers the effect. For example, are the rights of a hotel guest who entrusts valuables to the hotel violated if the police unlawfully break into the hotel’s safe where the valuables are stored? Are the rights of a person who loans a hunting rifle to another violated if the rifle is discovered during an unlawful search of the other person’s automobile? If the general issue cannot be decided in the affirmative, there is no basis for defendant’s contention that his section 9 rights were violated in the specific circumstances of this case.
Only two cases decided under section 9 have touched upon this issue. In the first case, State v. Laundy, supra, the defendant was convicted of criminal syndicalism for being a member of the Industrial Workers of the World (IWW). One of his assignments of error on appeal was the trial court’s denial of his petition for the return of certain evidence, among which was an IWW songbook taken from the desk of one Myers. Myers’ desk was across a large room from the defendant’s desk, in an area subleased by an organization separate from the organization for whom the defendant worked. In disposing of this aspect of the defendant’s assignment of error, the court stated, “If any articles were unlawfully taken from Myers’ desk, the defendant cannot complain for the reason [318]*318that if the right of any person was violated it was that of Myers or that of some other third person, and not that of the defendant.” 103 Or at 498.
The opinion does not state whether the defendant had entrusted the songbook to Myers or had any other connection with it. At trial, the state had introduced the songbook into evidence, in order to establish the doctrines espoused by the IWW, not to show that the defendant was a member. Absent a connection between the songbook and the defendant, Laundy is not dispositive of the issue before us.
More relevant is State v. Hoover, 219 Or 288, 347 P2d 69 (1959). In Hoover, police officers stopped an automobile driven by the defendant after a report that the occupants had threatened someone with a gun. During the stop, one of the occupants whispered to an officer that the defendant had given the gun to his wife, who was sitting on it. The officer then reached into the car, pushed the woman aside and seized the gun. The defendant was subsequently charged with being a felon in possession of a firearm, and he moved for the return and suppression of the gun on the ground that it was obtained by the state in violation of section 9. This court stated:
“The revolver was concealed by the device of having Mrs. Hoover [the defendant’s wife] sit on it. Thus, we might easily dispose of the case by ruling that the search, if in fact unlawful, was a search of Mrs. Hoover’s person and not of the automobile. Were this the case it would be her rights that were violated and the defendant would have no standing to make a complaint. State v. Laundy, supra. * * * However, since the revolver was lying on the car seat we think that the search was equally a search of the car and of Mrs. Hoover. Neither party has raised the line of argument we have just suggested, and we will treat the search as of the automobile alone.”
219 Or at 296-97. Although the court’s statement was dictum that amounted to an offhand suggestion, it is clearly on point if it retains any validity.
Both Laundy and Hoover were premised on the notion that section 9 interests are limited to possessory interests in a place searched or in a thing seized. In Laundy, the search of Myers’ desk could only have infringed upon Myers’ rights because only Myers was shown to have had a possessory interest in the desk. 103 Or at 498. Similarly, in Hoover the [319]*319search of Mrs. Hoover could only have infringed upon her rights because only she could have had a possessory interest in her body. 219 Or at 296-97. But the search of the automobile could have infringed upon the defendant’s rights because, as the court went to some pains to point out, he was a bailee, which the court deemed to be “an interest of sufficient substance to fall within constitutional protection.” Id. at 296. By implication, the search could not have infringed upon the defendant’s rights if he had been a mere occupant and thus lacked a possessory interest in the automobile.
Since the decisions in Laundy and Hoover, however, this court has frequently recognized that section 9 interests are not limited to possessory interests in places or things. In State v. Elkins, supra, 245 Or at 288-92, the court noted three interests protected by section 9: privacy, property, and “some sort of a nebulous, poorly-defined right to be protected from undignified, forceable violations of the person,” citing for the latter Rochin v. California, 342 US 165, 72 S Ct 205, 96 L Ed 183 (1952). The court’s opinion was concerned with property interests against unlawful seizures, but the court identified privacy as the principal interest protected against unlawful searches, stating that the right of privacy had “recently been the subject of great emphasis.” 245 Or at 289, 291. This was probably a reference to the then ongoing transformation of Fourth Amendment search jurisprudence from an analysis based on the protection of possessory interests in places to an analysis based on the protection of privacy interests, a transformation that was to culminate a few months later in Katz v. United States, 389 US 347, 88 S Ct 507, 19 L Ed 2d 576 (1967). See 1 LaFave, Search and Seizure § 2.1, at 302-05 (2d ed 1987); Amsterdam, Perspectives on the Fourth Amendment, 58 Minn L Rev 349, 356-58, 381-83 (1974) 4
[320]*320Subsequent opinions of this court have continued to recognize privacy as one of the interests protected by section 9. See, e.g., State v. Owens, supra, 302 Or at 206; State v. Louis, 296 Or 57, 60-61, 672 P2d 708 (1983); State v. Blackburn/Barber, 266 Or 28, 34, 511 P2d 381 (1973). In Owens, a search was explicitly defined in terms of privacy interests: “A ‘search’ occurs when a person’s privacy interests are invaded.” 302 Or at 206. We therefore do not regard this court’s prior statements in Laundy and Hoover as helpful in resolving the issue before us.5
The extent to which actions by state officials are governed by section 9 is defined by the general privacy interests of “the people” rather than by the privacy interests of particular individuals.6 Houses and telephone conversations, for example, are considered “private,” and for that reason when police officers enter houses or eavesdrop on telephone conversations they must do so in conformity with section 9. Section 9 thus presents the police with a web of rules that are meant to protect the privacy interests of “the people,” and the police violate section 9 if and only if they violate these rules. It cannot be otherwise, for the police cannot be expected to act on individual privacy interests, which they ordinarily have no means of ascertaining. The question of whose privacy rights have been violated is logically separate from the question whether section 9 has been violated.
[321]*321It is not correct, then, to say that a warrantless search of A’s house violated section 9 because it violated A’s privacy interests in the house. It would be more accurate to say that the search of A’s house violated section 9 because it violated the privacy of the house. Given that the police have violated the privacy of the house, the question then arises whether that violation has infringed upon anyone’s privacy interests. If the house proves to be abandoned, the police may have violated section 9 without violating anyone’s section 9 rights.
Residence in a house is uniformly deemed to be a sufficient basis for concluding that the violation of the privacy of the house violated the residents’ privacy interests, but there is no reason to assume that the class of persons with privacy interests in a house is limited to residents. If A invites B to dinner at A’s house and the police burst in on the dinner, it would be ludicrous to contend that the police have infringed upon a privacy interest of A but not upon a privacy interest of B. Cf. 4 LaFave, supra, § 11.3(b) (arguing that a dinner guest could reasonably expect the host’s home to constitute a zone of privacy where the guest would be free from unreasonable governmental interference). On the other hand, B’s interest in the privacy of the house would not be as extensive as that of A. An invitation to dinner would not necessarily give B an interest in the privacy of the basement. It may also be that if B were a trespasser, B would not have a recognizable privacy interest. Cf. id.
It is true that B, as a dinner guest, has no right to exclude the police (or anyone else) if A invites them in, but in that case the police have not violated section 9 at all. A section 9 privacy interest is an interest against the state; it is not an interest against private parties. See State v. Blackburn/Barber, supra, 266 Or at 34; State v. Hilton, 119 Or 441, 444-45, 249 P 1103 (1926). That A controls access to the house does not preclude B from asserting a privacy interest against the state if it violates the privacy of the house.7
[322]*322Should the result be any different if, instead of inviting B to dinner, A allows B to store effects on A’s premises? In both cases A has allowed B to make use of the privacy of A’s house. The nature of what is shielded from unlawful searches is of no significance. Again, B’s section 9 interests will not be violated if A allows the police to enter the house and discover the effects, but that is because A controls access to the house, not because B does not have a privacy interest against the state. And again, B’s section 9 interests are only as extensive as A’s explicit or implied permission to store the effect. B’s privacy interests would not be violated by an illegal search of A’s house to the extent that the search did not uncover the effects stored with A’s permission. Cf. 4 LaFave, supra, § 11.3(c) (arguing that one who entrusts effects to another has a “justified expectation of privacy vis-a-vis those items”).
The state argues that a person who entrusts effects to another can have no privacy interest against the discovery of the effects by the state unless the entrustor designates a particular place where the effects are to be kept. But the designation of a particular place has no relevance to the entrustor’s privacy interests against the state. If B asks A to store an effect in A’s bedroom closet and A stores it in a desk drawer, it cannot seriously be argued that B’s privacy interest against the state is any less substantial. The state may no more invade A’s desk than it may invade A’s bedroom closet. The state perhaps fears that by failing to designate a specific location for storage, B will somehow gain a greater privacy interest, but, as noted above, this is not so. By entrusting an effect to A, B has made use of only so much privacy as protects the effect from [323]*323the state. If the police unlawfully enter a room in A’s house in which an effect entrusted by B is stored, but do not discover the effect, B’s privacy interests have not been harmed.
III.
In general, then, the entrustment of an effect to another is sufficient to establish a privacy interest that is violated when the effect is discovered through an unlawful search. The final question is whether defendant had a privacy interest under the circumstances of this case.
The circuit court found that defendant gave the video tapes and equipment to Charles and Lori Best as security for a loan. Though we might have found different facts, there is evidence in the record to support this finding, so we are bound by it under the rule announced in Ball v. Gladden, 250 Or 485, 487-88, 443 P2d 621 (1968). See also State v. Warner, 284 Or 147, 156-59, 585 P2d 681 (1978).
Had the circuit court found that defendant had sold or given away the effects, that might have been a sufficient basis for concluding that defendant no longer had a privacy interest that could be violated by the discovery of the effects, cf. 4 LaFave, supra, § 11.3(c), at 305-06 & nn 116-17, but a person who pledges effects as collateral is in much the same position as one who entrusts effects to another for other purposes. The state contends that defendant had no immediate right of access to the tapes and equipment, but that fact alone does not preclude defendant’s continuing entrustment of the effects. So long as there remained a possibility that defendant would reclaim the effects, the entrustment was sufficiently viable to demonstrate that the illegal search of the Best residence violated his privacy interests under section 9.
The decision of the Court of Appeals is reversed; the suppression order of the circuit court is reinstated. The case is remanded to the circuit court for further proceedings.