Study Guide on "Standing"

STUDY GUIDE ON "STANDING" (Revised 2003)

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?

Standing	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 4^th 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.