Standing Flashcards
Standing definition
A violation of D’s resonable expectation of Privacy
When does standing exist?
D seeks to remedy a violation of their own constitutional rights, not those of others
Questions to ask for standing
- Was a privacy interest affected
- Does the person specifcally challenging the search have standing
Which amendment is standing an issue for?
The 4th amendment, not the 5th
Test for standing
Defendnat actuall believes the evidence wouldn’t be observed (REP) & that belief was objectivly reasonable
Where do family members have standing for a seach of the home?
Any room in the house
Where do people w/ temporary control have standing for a seach of the home?
The entire premises + their peosonal property
This involves people like babysitters
Where do invitees w/ general privileges have standing for a seach of the home?
All areas they are allowed to be
Where do casual visitors have standing for a seach of the home?
Nowhere in the home, only for their own property
Standing for Apts and motels
residents and registered guests of apartments & hotels have the same privacy expectations as people in single family homes.
Standing in motor vehicles
Registered owner can challenge search, even when not there when the search happened
Who can challenge a car stop
Besides registered owner
Everyone in the care has standing to challeneg justification for stop & if the detention was carried out in a resonable manner
Challenging the search of a car as a passenger
Standing
Passengers have standing to challenege a search of personal belongings but not other places or things in the car
Challeneging the search of a borrowed car
Someone who is borrowing a car has standing to challeneg the legality of any search
They will lack standing without permission from the owner. This is the same for rented cars so long as the rental hasn’t expired
Standing in a stolen car
People in a stolen car have standing to challenge the propriety of their detention, but not a search
When will someone have standing to challenge searches at work?
If they reasonably expected privacy in the workspace or thing that was intruded upon.
Standing for abandoned property
There is no standing to challenge the search of abandoned property
Abandoned
For purposes of standing
relinquishing possession of evidence (permanently or temporarily) under circumstances that make it unreasonable to expect that others wont see or take it.
An objective analysis not based on owners intent
