Standing Flashcards

1
Q

What is standing?

A

A right to sue. In order to have standing, you, personally, must have a reasonable expectation of privacy in the place that was searched

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2
Q

What is the essence of a 4th amendment violation?

A

Katz - an intrusion into a sphere where one enjoys a reasonable expectation of privacy recognized by society

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3
Q

Alderman Rule

A

suppression avaible only by those whose rights were violated by the search itself, not those who are aggrieved by the introduction of damaging evidence

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4
Q

Rakas

A

F - police stop car thinging it was getaway car. Rakas is passenger and neither owns or leases the car. He has no REP.
Rep does not speak to ownership; is more of a social norm

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5
Q

Rawlings

A

Guy stashed drugs in girlfriends purse as cops approached.

Has no standing b/c has no REP in purse. no claim to ownership

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6
Q

Brendlin

A

Auto stopped for no reason to check registration. Officer recognized passenger as parole violater. Searched and found meth in car.
When officer makes traffic stop he “seizes” a passenger as well as the driver, thus passenger has standing

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7
Q

Olson

A

overnight guest in house of another has reasonable expectation of privacy in the home that society is prepared to recognize as reasonable to areas which are accessible to him

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8
Q

Carter

A

using apt for few hours for packing coke. No standing b/c not overnight guests, brevity of visit, commercial transaction, no intimate relationship with owner

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