Does the doctrine of "target doctrine" apply to search and seizure purposes?

MultiRegion, United States of America

The following excerpt is from U.S. v. Cella, 568 F.2d 1266 (9th Cir. 1977):

Finally, the adoption of a target doctrine would lead to confusing and useless results as the fact that one is the target or object of a search does not mean that one's privacy will be invaded. For example, while investigating a suspect, government agents may decide to search his bank records. Although the suspect is clearly the target of the search, he would not have standing to suppress such evidence, as a bank depositor does not have a protectable Fourth Amendment interest in the bank's records of his account. Cf., United States v. Miller, 425 U.S. 435, 442-443, 96 S.Ct. 1619, 48 L.Ed.2d 71 (1976). The confusion arises from interpreting the phrase "one against whom the search was directed" to mean one whom the agents intend to use the evidence against rather than one who actually suffers the intrusion of the search and seizure by being the actual victim of the invasion of privacy.

III. A. 3. Standing of the defendants.

Other Questions


Does the search and seizure provisions of the fourth and fifth amendment apply in the context of searches and seizures? (MultiRegion, United States of America)
In a no-knock search warrant, can a search warrant be used to search a house without announcing its purpose? ("New York", United States of America)
Does the silver platter doctrine apply to searches and seizures by foreign governments? (MultiRegion, United States of America)
What is the burden of proof for a plaintiff to prove that a police officer violated their right to search and search in search and seizure? (MultiRegion, United States of America)
What constitutes a seizure under the Fourth Amendment for the purpose of search and seizure of a car? ("New York", United States of America)
What is the test for determining whether a search conducted during a search of a vehicle by a search warrant has exceeded the permissible scope of a search? (MultiRegion, United States of America)
What is the test for establishing that a search conducted during search procedures during search and seizure was an intervening and superseding cause of criminal conviction? (MultiRegion, United States of America)
Does the Fourth Amendment apply to search and seizure? (MultiRegion, United States of America)
What is the test for a police search and seizure of electronic equipment by officers during a search of a man's home? (MultiRegion, United States of America)
What is the test for a search and seizure under the search warrant? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.