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Criminal Procedure • Exclusionary Rule
CRIMPRO#007
Legal Definition
Individuals automatically have standing where they (1) own the premises searched; (2) live on the premises; or (3) are an overnight guest (invited). Individuals sometimes have standing where they have a reasonable expectation of privacy in the thing they own.
Plain English Explanation
As you may remember from other cards, when it comes to 4th Amendment ("4A") issues, a person has "standing" when they have a reasonable expectation of privacy in the thing or place being searched. Generally, you'll need to do a Katz analysis to figure out whether such an expectation of privacy exists. However, a person has automatic standing in 3 specific scenarios:
(1) A person has standing when they own the place being searched. "Own" means you either technically own it (like a home) or possessively own it (like a leased home or apartment) because you have legal, exclusive rights to the property.
(2) A person has standing when they either live in the place being searched (like a renter or live-in guest), or (3) if a person is an invited overnight guest.
Finally, a person may have standing when it comes to something they own (e.g., a laptop or phone, a safe, etc.).
(1) A person has standing when they own the place being searched. "Own" means you either technically own it (like a home) or possessively own it (like a leased home or apartment) because you have legal, exclusive rights to the property.
(2) A person has standing when they either live in the place being searched (like a renter or live-in guest), or (3) if a person is an invited overnight guest.
Finally, a person may have standing when it comes to something they own (e.g., a laptop or phone, a safe, etc.).
Hypothetical
Hypo 1: Bob sells crack. He weighs and bags crack inside his house. Cop is suspicious about Bob, so he sneaks up to Bob's house and watches him through a small hole in his window curtain. Cop watches Bob sorting and bagging crack cocaine while reading a book that says, "How to Maximize Profits as a Crack Dealer." Result: Bob has automatic standing to contest Cop's illegal search as a violation of their reasonable expectation of privacy because even though Bob was indeed doing something super illegal in his home, the Cop should have first obtained a warrant before looking through a small hole in the curtain. Note that had Bob been working in front of an open window visible from the public sidewalk, then there would be no expectation of privacy. But since Bob had his curtain closed, the fact that a small hole made his actions visible from Cop pushing his face against the window doesn't mean Bob didn't have an expectation of privacy.
Hypo 2: Same facts as Hypo 1, except Bob is bagging crack inside of his grandma's house, where Bob lives. Result: Same result as Hypo 1. Bob has automatic standing because he lives in the house.
Hypo 3: Same facts as Hypo 1, except Bob is bagging crack inside of his drug dealing partner's house, Sam. After a few hours watching Bob put bags of crack into his pockets, Bob walks out the front door and is immediately arrested. Cop searches Bob and finds the crack, then searches the house. Result: Bob was at Sam's house. Bob neither lives there, nor was he an overnight guest. Thus, Bob has no automatic standing, nor does he have a reasonable expectation of privacy in what he did while in Sam's house.
Hypo 2: Same facts as Hypo 1, except Bob is bagging crack inside of his grandma's house, where Bob lives. Result: Same result as Hypo 1. Bob has automatic standing because he lives in the house.
Hypo 3: Same facts as Hypo 1, except Bob is bagging crack inside of his drug dealing partner's house, Sam. After a few hours watching Bob put bags of crack into his pockets, Bob walks out the front door and is immediately arrested. Cop searches Bob and finds the crack, then searches the house. Result: Bob was at Sam's house. Bob neither lives there, nor was he an overnight guest. Thus, Bob has no automatic standing, nor does he have a reasonable expectation of privacy in what he did while in Sam's house.
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