4th Amendment Remedies

Question 1

Who has 4th Amendment Standing to raise a claim?

Answer 1

Someone who is a victim of an illegal search

Someone can complain about a evidentiary search or seizure only if it violated his own reasonable expectations of privacy

Question 2

What is Reasonable Expectation of Privacy?

Answer 2

Whether a person has reasonable expectation of privacy is generally based on the totality of circumstances, considering factors such as ownership of the place searched and locations of the items seized

Question 3

Factors to consider when evaluating Reasonable Expectation of Privacy:

Answer 3

1. She Owned or had a right to the possession of the place searched
2. The place searched was in fact her home (live in the place, even if you don’t have ownership)
3. She was an overnight guest of the owner of the place searched
4. Property was seized: have reasonably expectation of privacy if you own something