Standing Flashcards
Definition of standing
Fourth amendment requires there be standing in property, papers, and effects
AKA possessory interest
Illinois v Rakas
Someone in a car with no possessory interests has no reasonable expectation of privacy
Therefore there are no Fourth Amendment protections, no challenging for search or seizure
Minnesota v. Olson
Social guests in a home staying the night have an expectation of privacy because they do not expect anyone other than the house host to go through their things
Minnesota v. Carter
A commercial guest, with no prior relationship, only visiting for a short period of time does not have standing in the home
What kind of guests have standing?
Social, genuine connected guests with an interest in the home