Exclusion Exception for Standing

Question 1

Rakas Test for Standing

Answer 1

1. Does the person have a subjective expectation of privacy in the area that was searched?
2. Is that expectation reasonable?

Note: this is like the Katz test!!

Question 2

Minnesota v. Carter (SCOTUS 1998)

Answer 2

This case held that a person does not have a reasonable expectation of privacy when they are temporarily on a premises for a commercial purpose.

Kennedy’s concurrence here suggested that social guests may have a greater expectation of privacy in someone’s home than commercial guests.

Facts: here the defendant came into a person’s home to bag cocaine.

Question 3

Rakas v. Illinois (SCOTUS 1978)

Answer 3

This case held that a car passenger does not have a resaonable expectation of privacy in what is in the glove compartment of a car or what is under the seat in a car.