2.2.2 The Current Doctrine

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

2.2.2 The Current Doctrine

To determine Fourth Amendment standing, the Supreme Court now asks whether the disputed police action infringed on a defendant's interest that the Fourth Amendment was designed to protect.⁴⁷ The specific inquiry is whether the claimant had a reasonable personal privacy interest in the area that was the subject of the illegal search.⁴⁸ The Court has further explained "that 'legitimation of expectations of privacy by law must have a source outside of the Fourth Amendment, either by reference to concepts of real or personal property law or to understandings that are recognized and permitted by society.'"⁴⁹ Thus, the power to exclude others is an...