Standing (4th Am)
What does "Standing (4th Am)" mean in law?
Fourth Amendment standing requires that the person challenging the legality of a search or seizure must have had a reasonable expectation of privacy in the place searched or the item seized. Under Rakas v. Illinois (1978), the Supreme Court rejected the 'legitimately on the premises' test and held that Fourth Amendment rights are personal and cannot be vicariously asserted -- a defendant must demonstrate that their own Fourth Amendment rights were violated, not merely that evidence was illegally obtained from a third party. In Minnesota v. Carter (1998), the Court further restricted standing, holding that a brief visitor to an apartment for a commercial transaction did not have a legitimate expectation of privacy in the premises. An overnight guest, however, does have standing to challenge a search of the host's home (Minnesota v. Olson, 1990).
Definition
Fourth Amendment standing requires that the person challenging the legality of a search or seizure must have had a reasonable expectation of privacy in the place searched or the item seized. Under Rakas v. Illinois (1978), the Supreme Court rejected the 'legitimately on the premises' test and held that Fourth Amendment rights are personal and cannot be vicariously asserted -- a defendant must demonstrate that their own Fourth Amendment rights were violated, not merely that evidence was illegally obtained from a third party. In Minnesota v. Carter (1998), the Court further restricted standing, holding that a brief visitor to an apartment for a commercial transaction did not have a legitimate expectation of privacy in the premises. An overnight guest, however, does have standing to challenge a search of the host's home (Minnesota v. Olson, 1990).
Example
A defendant tried to suppress drugs found in his friend's apartment where he had been visiting for only two hours to bag cocaine for sale, but the court held he lacked standing because his brief, commercial visit did not establish a reasonable expectation of privacy in the premises.