What is the test for standing to assert the constitutional rights of third parties?

California, United States of America


The following excerpt is from People v. Q.R. (In re Q.R.), 258 Cal.Rptr.3d 27, 44 Cal.App.5th 696 (Cal. App. 2020):

lacks standing to assert the constitutional rights of third parties. (See Rakas v. Illinois (1978) 439 U.S. 128, 134, 99 S.Ct. 421, 58 L.Ed.2d 387 ["A person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third persons premises or property has not had any of his Fourth Amendment rights infringed."].) The court in Malik J. discussed access to third party information as a reason the probation condition at issue in that case was unconstitutionally overbroad. ( Malik J., supra , 240 Cal.App.4th at pp. 902904, 193 Cal.Rptr.3d 370.) But there is no indication that the Malik J. court considered the standing argument presented by the People here.

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