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Question 1

What is the difference between standing and a fourth amendment search?

Answer 1

• standing: asks if the police intruded on the DEFENDANT’S justified expectation of privacy
  – fourth amendment search: asks if the cops intruded on ANYONE’S justified expectation of privacy

Question 2

If a defendant is subjected to arrest or a search based on the confession of another person, does he have standing to claim suppression of the evidence as fruits of violation?

Answer 2

No

Question 3

If police beat someone until he confesses to being an accomplice to murder and he says that the gun is in his house and the police go and get it, does the OTHER murderer have standing to have the gun suppressed because of the first person’s coerced confession?

Answer 3

No he does not have standing

Question 4

Can the defendant have standing to raise another person’s sixth amendment rights?

Answer 4

No

Question 5

When the police illegally entered T’s house and illegally arrested him, and he said that Y had drugs and the cops went to Y’s house and found drugs, and Y said he got them from T and W, does W have standing to suppress that evidence?

Answer 5

No, because his privacy right was not invaded. But he has standing to object to what happened at his own house, so that made the drugs that were gotten from Y the fruit of the poisonous tree

Question 6

Who has standing to sue for a search of a residential premises?

Answer 6

Anyone that had a present possessory interest in the premises can have standing to challenge a search even if they weren’t present at the time of the search.

Includes: tenants, motel or hotel room guests, family members that reside on the premises, etc.

Question 7

Can an overnight houseguest have standing to sue for a fourth amendment search?

Answer 7

Yes, because he was legitimately on the premises and this creates a common interest in the home.

Question 8

Do social guests that are not staying overnight have standing to sue for a fourth amendment violation?

Answer 8

It depends on why they are on the premises and the duration

Question 9

Do guests at a dinner party have standing to sue for a fourth amendment violation?

Answer 9

Only if their personal freedom, privacy, or solitude was intruded on by the police during the search.

Question 10

What are situations when a person would not have standing to sue under the fourth amendment?

Answer 10

• passengers in cars
  – putting evidence in a friend’s purse
  – hiding stolen goods in the neighbour’s garage
  – temporary commercial guests
  – burglar on the premises
  – defendant abandonS the premises before the search

Question 11

If someone’s presence at a place is purely a commercial transaction for a short period of time with no previous connection between him and the householder, does he have standing to sue for a fourth amendment violation?

Answer 11

No. An example would be the guys that were bagging cocaine for a couple of hours in a home

Question 12

If a defendant put drugs in someone else’s purse that got illegally searched, what is the only way he can have standing to sue for a fourth amendment violation?

Answer 12

If he says the drugs were his. Then that testimony cannot be used against him to prove his guilt later, because it was necessary to prove that he had standing, and that is all

Question 13

If your personal property is searched, does that give you standing to sue under the fourth amendment violation?

Answer 13

Yes, even if the location was not the defendant’s, and he wasn’t present.

Question 14

If a defendant is storing his property on the premises of another person in a container, what is used to determine if he has standing to sue under a fourth amendment violation?

Answer 14

Totality of the circumstances to determine if there was sufficient indicia of security to establish an expectation of privacy that is needed for standing

Question 15

If you have drugs in your friend’s bag, do you have an expectation of privacy?

Answer 15

No, but defendants do have standing for searches of their own closed container that was stored on the premises of another with the other person’s permission

Question 16

When would you have standing to sue based on an unlawful search of a business premises?

Answer 16

If you have a reasonable expectation of freedom from government intrusion there. Ie: if it was your private office, if you were in possession of business premises that was searched, if you were an employee of that business as long as there is a nexus between the area searched and your workplace.

Question 17

If you share an office with others, is there a reasonable expectation of freedom from government intrusion such that you would have standing to sue for a fourth amendment violation?

Answer 17

Yes

Question 18

If you take your jacket to the dry cleaners and the police enter and seize your jacket, do you have standing to sue for fourth amendment violation?

Answer 18

Yes, because you have a privacy interest

Question 19

If you were a customer of a business, does that give you standing to challenge a subpoena for the business records of that business?

Answer 19

No

Question 20

What are the rules for passengers of vehicles with regard to fourth amendment standing to sue?

Answer 20

Stopping a vehicle is a seizure of the passengers, so they have standing regarding their own effects in the car. The owner or anyone that shares the use of the car has stronger standing even if the car is search without their presence.

Question 21

If you steal a vehicle and then are subject to a search of the vehicle, do you have standing to sue for a fourth amendment violation?

Answer 21

No, because you do not have a sufficiently established connection with the vehicle

Question 22

When the defendant is a target of the search of another place, does he have standing to sue for a fourth amendment violation?

Answer 22

No because only people whose fourth amendment rights have been violated have standing

Question 23

If an offshore banker came to Miami and federal agents stole his briefcase and found incriminating banking information about the D (another person) in the briefcase, would D have standing to challenge the search of the briefcase because he was the target?

Answer 23

No

Question 24

Do clients have an expectation of privacy in their accountant’s office?

Answer 24

No

Question 25

What is the good faith exception to the exclusionary rule?

Answer 25

If officers act in good faith reasonable reliance on a search warrant that was issued by a detached a neutral magistrate, but the warrant is found to be unsupported by probable cause, then the evidence is not barred. This also includes statutes and judicial opinions that are later determined to be invalid or databases that weren’t updated.

Question 26

What are some things that the police can rely on in good faith with regard to the good faith exception to the exclusionary rule?

Answer 26

– judicial opinions that are later changed
– statutes and ordinances that are later held to be unconstitutional
– defective search warrants

Question 27

Under the good faith exception to the exclusionary rule, police can generally rely in good faith on a defective search warrant except in what four situations?

Answer 27

– an affidavit that is so lacking in probable cause that no reasonable officer would rely on it
– a warrant that is invalid on its face because it does not state the object or the place with particularity
– the affiant lied or mislead the magistrate
– the magistrate wholly abandoned his judicial rule

Question 28

What is the reasoning for the good faith exception to the exclusionary rule?

Answer 28

This rule is meant to safeguard the fourth amendment through deterrence and not to punish judge error.

Question 29

Under the good faith exception to the exclusionary rule, it is necessary that it be shown that the violation was a result of what in order for it not to be used?

Answer 29

The result of police error. If it wasn’t police error, then the government can invoke this

Question 30

If a police officer accidentally transposed the wrong numbers for the address of a place to be searched on a warrant application, what is necessary about that in order for the good faith exception to the exclusionary rule to apply?

Answer 30

It had to have been done in good faith and have been an inadvertent mistake. Honest mistakes by police are OK. It doesn’t matter if the magistrate acted in bad faith as long as the police were doing what was right

Question 31

What would be considered to be bad faith under the good faith exception to the exclusionary rule?

Answer 31

If a cop doesn’t think he has probable cause for a warrant, so he goes to a magistrate that is known for rubberstamping and the warrant ends up being invalid, that was bad faith because he knew there wasn’t enough probable cause and he intentionally went to that judge.

It would be bad faith to lie and intentionally deceive a judge even if the police officer thought he had probable cause.

Question 32

How is bad faith imputed with regard to the good faith exception to the exclusionary rule?

Answer 32

It is imputed to every officer in the search chain.

Ie: one police officer cannot get a warrant in bad faith and give it to another cop who doesn’t know. That invalidates the entire process and the evidence is inadmissible

Question 33

What are situations that a good faith exception to the exclusionary rule doesn’t apply?

Answer 33

To civil proceedings, probation, parole revocation, sentencing hearings, grand jury, or to cross examination