Fourth Amendment Standing Flashcards
What is the key to standing under the Fourth Amendment?
The government has invaded the individual privacy rights of the person raising the violation.
Does an individual who owns the premises searched have standing to challenge the search?
Yes. Owners of premises always have standing.
Does an individual have standing when they reside in the premises searched, but do not own it?
Yes. You can always challenge the search of the place where you live.
Does an individual have standing when they are an overnight guest but don’t reside in or own the premises?
Yes, but only as to common areas and the room in which they are staying.
Does a person have standing if they’re in another’s residence solely for a business purpose?
No. Use of premises for business purposes does not give you standing the challenge the search of those premises.
Does a person have standing just because they own the property seized?
No. Ownership of the item is not enough. They must have a reasonable expectation of privacy in the place searched as well.
Does a passenger in a vehicle that is searched have standing to challenge the search?
No. Passengers do not have a reasonable expectation of privacy in a vehicle in which they are merely passengers.
In NY, does the passenger of a vehicle have standing to challenge the search of that vehicle?
Maybe - they can challenge the search of the vehicle if possession of weapons is attributed to them.
