Generally, in this context, an applicant will have standing if they had a reasonable expectation of privacy in the area searched. Whether the applicant had a reasonable expectation of privacy rests on the totality of the circumstances, taking into account a non-exhaustive list of factors outlined in R. v. Edwards, 1996 CanLII 255 (SCC), [1996] 1 S.C.R. 128 at para. 45, including: i. presence at the time of the search ii. possession or control of the property or place searched iii. ownership of the property or place iv. historical use of the property or item v. the ability to regulate access, including the right to admit or exclude others from the place vi. the existence of a subjective expectation of privacy, and vii. the objective reasonableness of the expectation.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.