Standing Flashcards
What is standing?
A right to sue. In order to have standing, you, personally, must have a reasonable expectation of privacy in the place that was searched
What is the essence of a 4th amendment violation?
Katz - an intrusion into a sphere where one enjoys a reasonable expectation of privacy recognized by society
Alderman Rule
suppression avaible only by those whose rights were violated by the search itself, not those who are aggrieved by the introduction of damaging evidence
Rakas
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
Rawlings
Guy stashed drugs in girlfriends purse as cops approached.
Has no standing b/c has no REP in purse. no claim to ownership
Brendlin
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
Olson
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
Carter
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