Does the term "standing" apply to a search and seizure?

MultiRegion, United States of America

The following excerpt is from United States v. Salyer, NO. CR. S-10-061 LKK (E.D. Cal. 2011):

2. Although this and other courts use the term "standing" in this context, it is actually a shorthand for whether the search and seizure violated defendant's rights, rather than those of a third party. See Rakas v. Illinois, 439 U.S. 128, 139 (1978) (distinguishing Article III standing from the Fourth Amendment requirements of injury in fact and "whether the proponent is asserting his own legal rights and interests rather than basing his claim for relief upon the rights of third parties").

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)
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)
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)
Can a person who abandoned their home without consent have standing to complain of a 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)
What is the test for qualified immunity in the context of a search of a home during which a police search resulted in a search warrant being issued for a drug dealer's home? (MultiRegion, United States of America)
When a warrant is issued for a search in the night is silent on the issue of night searches, can the issuing officer be persuaded to authorize a nighttime search? (MultiRegion, United States of America)
Does a search conducted by a private search warrant result in unlawful seizure of heroin? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.