What is the test for a defendant to challenge a search or seizure under the Fourth Amendment?

California, United States of America


The following excerpt is from People v. Bryant, 178 Cal.Rptr.3d 185, 334 P.3d 573, 60 Cal.4th 335 (Cal. 2014):

In order to challenge a search or seizure, a defendant must allege not only that the police action was unreasonable, but also that the defendant's personal interests were violated. The capacity to claim the protection of the Fourth Amendment depends ... upon whether the person ... has a legitimate expectation of privacy in the invaded place. ( Rakas v. Illinois (1978) 439 U.S. 128, 143 [99 S.Ct. 421, 58 L.Ed.2d 387].) A defendant has the burden to establish a legitimate expectation of privacy in the place searched. [Citations.] ( People v. Rivera (2007) 41 Cal.4th 304, 308, fn. 1, 59 Cal.Rptr.3d 473, 159 P.3d 60.)

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