What is the test for standing to challenge a search warrant?

MultiRegion, United States of America

The following excerpt is from Bergquist v. County of Cochise, 806 F.2d 1364 (9th Cir. 1986):

The district court held the Bergquists lacked standing to challenge the warrant because it was directed at a third party. Neither the Government nor Cochise County presses this point on appeal, but we note that the Bergquists have standing to challenge the execution of a warrant upon their property because they meet the test of having a "legitimate expectation of privacy in the premises" of their rural residence. Rakas v. Illinois, 439 U.S. 128, 143, 99 S.Ct. 421, 430, 58 L.Ed.2d 387 (1978).

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