2.2 Standing

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

2.2 Standing

A person attempting to suppress evidence obtained in violation of constitutional rights must assert his own rights. As a result, the accused cannot challenge the admissibility of evidence illegally obtained from third parties unless he can show that the evidence resulted from a violation of his own rights.⁴³ For example, a coconspirator cannot effectively challenge an illegal search or seizure at the home of his partner-in-crime simply because the evidence found in the home implicates him.⁴⁴

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