Does the exclusionary rule apply to a defendant whose Fourth Amendment rights have been violated?

California, United States of America


The following excerpt is from People v. Manriquez, B281596 (Cal. App. 2018):

"'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, supra, 439 U.S. at pp. 133-134.)

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