Define the concept of standing. When does a defendant have standing to challenge a police search of a place or things? Be sure to provide examples

Question

What will be an ideal response?

Answer 1

Evidence may be excluded under the exclusionary rule when the defendant makes a motion to suppress that evidence. To succeed in this motion, however, the defendant must show that his or her own rights were violated, not the rights of some other person. This concept is called standing, which means that the defendant is the proper person to challenge the police conduct because it violated the defendant's rights. Case examples would include situations where:
- The defendant placed a large amount of illegal drugs in the purse of a woman friend for safekeeping. When the police searched the woman's purse, the defendant admitted ownership of the drugs.
- The defendants were convicted of armed robbery and challenged the police search of the trunk of the car in which they were passengers. The owner of the car was driving the car at the time of the lawful stop of the car by the police.
- Evidence obtained from a home where the defendant was an overnight guest was used to charge and convict the defendant.
- After a murder, the defendant hid the murder weapon in his cousin's house. Police seized the weapon when they searched the cousin's house. Evidence against the defendant was obtained in a search of the hotel room in which the defendant was sleeping.