Question

When does a defendant have standing to challenge a police search of a place or things?

Answer 1

The Exclusionary rule is a judicial rule framed to defend against the adoption of improper and illegal investigation procedure by law enforcement officers. Exclusionary rule renders all evidence which is obtained in violation of the US constitution state or Federal laws inadmissible within the court. The fruit of the poisonous tree or derivative evidence is also inadmissible being considered as evidence which is obtained legally but is obtained through the use of evidence obtained illegally. The exception to the rule is the inevitable discovery rule where illegally discovered evidence is admissible after explaining that it would definitely have been discovered legally in any case.

It is the duty of the judicial system to protect the rights granted to a citizen under the constitution which includes rights under the fourth amendment including the right to privacy. The defendant has the standing to challenge a police search of a place or things when the rights provided under the fourth amendment can be proved to have been abrogated by such search. The defendant should be able to prove that the search had resulted in the clear and identifiable abrogation of rights provided under the fourth amendment. it is essential to establish that the right to privacy was violated and proving ownership or interest in the seized items or goods may not be sufficient for it to be excluded as evidence under the exclusionary law. The Court has held under various cases that the issue of exclusion is to be determined solely upon a resolution of the substantive question whether the claimant’s Fourth Amendment rights have been clearly violated.

The exclusionary rule was meant to ensure that the constitutional rights adequately protected with no state having the legislative power to overcome any constitutional right create any legal or statutory rules which would result in denial of abrogation of rights provided under the constitution. Is project the citizens from the use of improper investigation procedure requiring every search warrant to be supported by adequate reason for why it was imperative to conduct the search and prove that it did not outweigh the need and duty to protect the right to privacy of the concerned individual granted under the fourth amendment. It is essential that probable cause is established for the search. The fruit of the poisonous tree or derivative was made inadmissible to make sure that authorities would not consider a warrant to provide the right to use incriminating evidence unrelated to the specific search, to initiate legal action on the basis of such evidence and search.