Does a defendant have a claim of personal Fourth Amendment right to search and seizure?

MultiRegion, United States of America

The following excerpt is from U.S. v. Broadhurst, 805 F.2d 849 (9th Cir. 1986):

Fourth Amendment rights are personal. As such, they may not be vicariously asserted. Rakas v. Illinois, 439 U.S. 128, 134, 99 S.Ct. 421, 425-26, 58 L.Ed.2d 387 (1978), quoting Alderman v. United States, 394 U.S. 165, 174, 89 S.Ct. 961, 967, 22 L.Ed.2d 176 (1969). Rather, Fourth Amendment rights may be enforced only by one whose own Fourth Amendment protection was infringed by the search or seizure. Id.; Simmons v. United States, 390 U.S. 377, 389, 88 S.Ct. 967, 973-74, 19 L.Ed.2d 1247 (1968). Analysis of whether a particular defendant enjoys that protection properly belongs not under the traditional heading of standing, however, but instead under substantive Fourth Amendment doctrine which examines whether a particular defendant may assert a legitimate expectation of privacy. Rakas, 439 U.S. at 140, 99 S.Ct. at 428-29.

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