NCJ Number
129127
Journal
Criminal Law Bulletin Volume: 27 Issue: 2 Dated: (March-April 1991) Pages: 134-158
Date Published
1991
Length
25 pages
Annotation
The US Supreme Court insistence on standing or the defendant's ability to prove that their fourth amendment rights were violated by police in search and seizure cases is significant in terms of fourth amendment litigation, the history of fourth amendment jurisprudence, and insight into future Supreme Court precedents.
Abstract
Standing inquiries held 30 years ago focused on individual property interests, but beginning in the 1960's, the courts started to consider an individual's expectation of privacy as well. Standing could be established through proving a property interest in the place searched or a reasonable expectation of privacy in one's activities. Over the past 20 years, property rights have, for the most part, been eliminated as a basis for establishing standing, thereby limiting defendants' rights in search and seizure cases. Some of the issues considered in this article include the interplay between fourth amendment standing and the fifth amendment right to be free from self-incrimination; open fields, overflights, and garbage searches; the exclusionary rule; and the balancing test between individual privacy and social utility. 98 references (Author abstract modified)