The following excerpt is from Estate of Smith v. Holslag, Case No.: 16-cv-2989-WQH-MSB (S.D. Cal. 2020):
"'Fourth Amendment rights are personal rights which . . . may not be vicariously asserted.'" Moreland v. Las Vegas Metro. Police Dep't., 159 F.3d 365, 369 (9th Cir. 1998) (alteration in original) (quoting Alderman v. United States, 394 U.S. 165, 174 (1969)), as amended (Nov. 24, 1998). "Thus, the general rule is that only the person whose Fourth Amendment rights were violated can sue to vindicate those rights." Id. However,
Hayes v. Cty. of San Diego, 736 F.3d 1223, 1228-29 (9th Cir. 2013) (second alteration in original) (quoting Moreland, 159 F.3d at 369).
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Id. at 1229 (quoting Cal. Civ. Proc. Code 377.30).
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