Does the exclusionary rule apply to a defendant who has not had any Fourth Amendment rights infringed?

" 'Fourth Amendment rights are personal rights which, like some other constitutional rights, may not be vicariously asserted.' [Citations.] A person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person's premises or property has not had any of his Fourth Amendment rights infringed. [Citation.] And since the exclusionary rule is an attempt to effectuate the guarantees of the Fourth Amendment, [citation], it is proper to permit only defendants whose Fourth Amendment rights have been violated to benefit from the rule's protections." (Rakas v. Illinois (1978) 439 U.S. 128, 133-134.) "[S]ince voter approval of Proposition 8 in June 1982, state and federal claims relating to exclusion of evidence on grounds of unreasonable search and seizure are measured by the same standard." (People v. Camacho (2000) 23 Cal.4th 824, 830.) "A defendant has the burden at trial of establishing a legitimate expectation of privacy in the place searched or

Page 7