Does the exclusionary rule apply to a defendant who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by the third person?

MultiRegion, United States of America

The following excerpt is from U.S. v. Kinsey, 843 F.2d 383 (9th Cir. 1988):

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. Alderman v. United States, 394 U.S. 165, 174, 89 S.Ct. 961, 966, 22 L.Ed.2d 176 (1969). Since the exclusionary rule is an attempt to effectuate the guarantees of the Fourth Amendment, United States v. Calandra, 414 U.S. 338, 347, 94 S.Ct. 613, 619, 38 L.Ed.2d 561 (1974), it is proper to permit only defendants whose Fourth Amendment rights have been violated to benefit from the rule's protections. Rakas, 439 U.S. at 134, 99 S.Ct. at 425.

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