Remedies for 4th Amendment Violations of Standing

Question 1

Alderman v. U.S. (1969)

Answer 1

The issue of exclusion needs to be determined on an individual basis
Each defendant has to prove that they personally have standing to raise a 4th Amendment claim

Question 2

Jones v. U.S. (1960)

Answer 2

In order to qualify as a person aggrieved by an unlawful search/seizure, a defendant must prove that they are the one against whom the search was directed

Question 3

Rakas v. Illinois (1978)

Answer 3

Standing analysis is baked into 4th Amendment reasonableness analysis
Defendants dont’ have standing to challange a search/seizure when they can’t assert a property or possessory interest in the car or property seized

Question 4

Minnesota v. Carter (1998)

Answer 4

To assert 4th Amendment standing, a defendant must demonstrate that:
1. he personally has an expectation of privacy in the place searched, and
2. his expectation is reasonable