What is the test for a defendant to have standing in a Fourth Amendment civil case?

California, United States of America


The following excerpt is from People v. Reiswig, C080075 (Cal. App. 2016):

"Fourth Amendment rights are personal rights which, like other constitutional rights, may not be vicariously asserted." (Alderman v. United States (1969) 394 U.S. 165, 174 [22 L.Ed.2d 176, 187].) "The established principle is that suppression of the product of a Fourth Amendment violation can be successfully urged only by those whose rights were violated by the search itself, not by those who are aggrieved solely by the introduction of damaging evidence. Coconspirators and codefendants have been accorded no special standing." (Id. at pp. 171-172 [22 L.Ed.2d at pp. 185-186].)

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