What must a defendant demonstrate to have standing under the Fourth Amendment?

A defendant must demonstrate a reasonable expectation of privacy in the place searched to establish standing under the Fourth Amendment. This concept is rooted in the principle that the Fourth Amendment protects people, not places, meaning that an individual must show that they had a legitimate expectation of privacy in the area or item that was searched or seized.

To evaluate whether a reasonable expectation of privacy exists, courts typically look at two factors: whether the individual has an actual, subjective expectation of privacy and whether society is prepared to recognize that expectation as reasonable. For example, a person might expect privacy in their home or in their personal effects, but those expectations may not apply to public areas or to items that are knowingly exposed to the public.

Ownership of the property or evidence of illegal activity can be relevant in certain contexts but do not inherently confer standing under the Fourth Amendment. Similarly, proof of police misconduct does not directly address the question of standing; it pertains more to the admissibility of evidence obtained in violation of Fourth Amendment rights rather than establishing a person’s expectation of privacy. Thus, demonstrating a reasonable expectation of privacy is the fundamental requirement for a defendant to assert claims under the Fourth Amendment.