What is the current state of the law in the context of an illegal search and seizure?

California, United States of America


The following excerpt is from People v. Workman, 209 Cal.App.3d 687, 257 Cal.Rptr. 753 (Cal. App. 1989):

An illegal search only violates the rights of those who have a legitimate expectation of privacy in the place searched or in the property seized. (United States v. Payner (1980) 447 U.S. 727, 731, 100 S.Ct. 2439, 2444, 65 L.Ed.2d 468.) "A person who is aggrieved by an illegal search and seizure only through the introduction of damaging evidence secured by a search of a third person's premises or property has not had any of his Fourth Amendment rights infringed." (Rakas v. Illinois, supra, 439 U.S. at p. 134, 99 S.Ct. at p. 425.) However, neither ownership of the premises searched nor presence at the scene are required to assert a reasonable expectation of privacy under the Fourth Amendment. A " 'formalized arrangement among defendants indicating joint control and supervision of the place is sufficient to support a legitimate expectation of privacy.' " (U.S. v. Johns (9th Cir.1988) 851 F.2d 1131, 1136.)

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