As you read or review the material on "standing," consider the following questions. The answers can be found in the material as noted.

1. Which of the following are currently valid theories in determining the ability of a party to successfully suppress evidence sought to be introduced against him or her on Fourth Amendment grounds?


Rakas, D&T 446-47, 453, 456

Legitimately on the premises

Rakas, D&T 447-48

Target standing

Rakas, D&T 446

Co-conspirator standing

Alderman, D&T 442-43

Legitimate expectation of privacy in the place searched

Rakas, D&T 448-49; Carter, D&T 456

Automatic standing based on ownership of item seized

Rawlings, D&T 463-64

Automatic standing based on being charged with a possessory offense

Rakas dissent

2. Which of the following factors are relevant to finding a legitimate expectation of privacy sufficient to challenge a search or seizure?

ownership of premises/property

Rakas, D&T 448, fn 11; Rawlings, D&T 463-64

right to exclude

Rakas, D&T 449

longstanding social custom

Olson, D&T 454

expectation must have source outside 4th A.

Rakas, D&T 448, fn 12

commercial v. personal presence at site

Carter, D&T 457

length of time on premises

Carter, D&T 457

illegal activities engaged in at the site

Carter dissent, D&T 462

previous connection with premises

Carter, D&T 457

3. Who has the burden of proving "standing"?  Alderman, D&T 442-43; Rakas, D&T 445, fn 1.

4. When a passenger seeks to suppress evidence found in the search of a car, what strategic decision does the individual have to make regarding what to challenge? Why is that decision important? See Rakas, D&T 450, fn. 5 and D&T 454, Problem 5D.