4th A - evidentiary search and seizure

Question 1

what is needed for a person to have standing under the 4th A?

Answer 1

reasonable expectationof privacy

Question 2

when does a person have a REP

Answer 2

1. person has a right of possession to place searched
2. place searched was their home
3. person was an overnight guest of the owner

Question 3

list (2)

what is needed for a facially valid warrant?

Answer 3

1. probable cause
2. particularity - aka are clear as to the place to be searched and the items to be seized

Question 4

list (3)

a warrant based on an affidavit will be held invalid if D can prove:

Answer 4

1. false statement - included in affidavit
2. intentional or reckless inclusion of false statement
3. false statement was material to establishing probable cause