How does the Fourth Amendment protect privacy in the context of a search warrant application?

MultiRegion, United States of America

The following excerpt is from United States v. Santillan, 902 F.3d 49 (2nd Cir. 2018):

"Fourth Amendment rights are personal rights that may not be asserted vicariously." Id. at 133, 99 S.Ct. 421. "Accordingly, a defendant's Fourth Amendment rights are violated 'only when the challenged conduct invade[s] his legitimate expectation of privacy rather than that of a third party.' " United States v. Haqq , 278 F.3d 44, 47 (2d Cir. 2002) (quoting United States v. Payner , 447 U.S. 727, 731, 100 S.Ct. 2439, 65 L.Ed.2d 468 (1980) ). A "defendant seeking suppression of evidence found without a search warrant must show that he had a reasonable expectation of privacy in the place or object searched." United States v. Delva , 858 F.3d 135, 148 (2d Cir. 2017). One need not be the owner of the property for his privacy interest to be one that the Fourth Amendment protects, so long as he has the right to exclude others from dealing with the property. Perea , 986 F.2d at 63940.

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