Can a defendant seek suppression of evidence obtained by the police from a third party in violation of the third party's rights?

"New York", United States of America

The following excerpt is from People v. Henley, 425 N.E.2d 816, 442 N.Y.S.2d 428, 53 N.Y.2d 403 (N.Y. 1981):

There is no dispute that a defendant may not seek suppression of evidence obtained by the police from a third party in violation of the third party's rights. Nor is issue taken here with the proposition that even if the police consciously violate the third party's rights solely to obtain evidence against another, the defendant does not have standing under the Fourth Amendment to challenge the illegality (United States v. Payner, 447 U.S. 727, 731-732, 100 S.Ct. 2439, 2443-44, 65 L.Ed.2d 468) and a court is unjustified in exercising its supervisory power to suppress evidence so obtained (id., at pp. 733-737, 100 S.Ct. at 2445-2447). A challenge is open only to the victim of the illegality. These principles, however, do not justify the majority's conclusion.

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