4. When a search warrant specifies the person or people named in the warrant to be searched and the things to be seized, there is no authority to search others not named in the warrant, unless the warrant specifically mentions that the unnamed parties are involved in criminal activity or exigent circumstances are clearly shown.

At most, one could say that perhaps the Constitution provides some degree less protection for the personal freedom from unreasonable governmental intrusion when one does not have a possessory interest in the invaded private place. On appeal, the Appellate Court of Illinois, Third Judicial District, affirmed the denial of the motion to suppress. And if all of those situations are protected, surely a person riding in an automobile next to his friend the owner, or a child or wife with the father or spouse, must have some protection as well. Petitioners argue that their occupancy of the automobile in question was comparable to that of Jones in the apartment and that they therefore have standing to contest the legality of the search—or as we have rephrased the inquiry, that they, like Jones, had their Fourth Amendment rights violated by the search. As a pre-law student you are automatically registered for the Casebriefs™ LSAT Prep Course. 1975, 26 L.Ed.2d 419 (1970) (sole petitioner was not owner); Husty v. United States, 282 U.S. 694, 51 S.Ct.
389 U.S., at 352, 88 S.Ct., at 511 (footnotes omitted). 1565, 1569, 36 L.Ed.2d 208 (1973), we reserved the question whether prosecutorial self-contradiction by itself warrants automatic standing. 3037, 3048, 49 L.Ed.2d 1067 (1976); United States v. Calandra, 414 U.S., at 348, 94 S.Ct., at 620. 391 U.S., at 548 n. 11, 88 S.Ct., at 1791. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. 746, 748, 71 L.Ed. 140-148. rakas v. ILLINOIS After receiving a robbery report, police stopped the suspected getaway car, which the owner was driving and in which petitioners were passengers. The Illinois Supreme Court denied petitioners leave to appeal. 40-41. 652 (1906).8. Justice Warren E. Burger filed a dissenting opinion, joined by Justices William Rehnquist and Harry A. Blackmun, arguing that the Court has violated the rationale of Terry by limiting the scope of to "a particularized and individualized suspicion" that a person is armed and dangerous and that although, the warrant narrowed the search to the bartender, the search was valid because the tavern's patrons had a reputation for involvement in the narcotics trade, which made the possibility that they are armed reasonable.
677 (SDNY 1963), rev'd on other grounds, 333 F.2d 28 (CA2 1964) (defendant-invitee stopped in hallway of apartment building has standing to object to search of apartment he intended to visit). 153 (1948) (Jackson, J., joined by Frankfurter, J., concurring). The Court on occasion also has looked to history to discern whether certain types of government intrusion were perceived to be objectionable by the Framers of the Fourth Amendment. 881, 11 L.Ed.2d 777 (1964), the Court unanimously overturned a search though the single petitioner was not the owner of the automobile. 564, 72 L.Ed. If a nonowner may consent to a search merely because he is a joint user or occupant of a "premises," Frazier v. Cupp, 394 U.S. 731, 740, 89 S.Ct. Stone v. Powell, 428 U.S. 465, 536, 96 S.Ct. 408 U.S., at 227, 92 S.Ct., at 2286. 521 439 U.S. at 140. The answer to that question must be found by determining "whether petitioner had an interest in connection with the searched premises that gave rise to 'a reasonable expectation [on his part] of freedom from governmental intrusion' upon those premises." 2041, 36 L.Ed.2d 854 (1973); United States v. Peisner, 311 F.2d 94 (CA4 1962). Combs v. United States, 408 U.S., at 227, 92 S.Ct., at 2286, quoting Mancusi v. DeForte, 392 U.S., at 368, 88 S.Ct., at 2123 (bracketed material in original). However unlawful stopping and searching a car may be, absent a possessory or ownership interest, no "mere" passenger may object, regardless of his relationship to the owner. Would nonowning drivers have more of an expectation of privacy than mere passengers? Thus the only distinguishing fact is that Jones could exclude others from the apartment by using his friend's key. The test determines whether an action by the government has violated an individual's reasonable expectation of privacy. .

. But surely the "point" referred to is not one demarcating a line which is black on one side and white on another; it is inevitably a point which separates one shade of gray from another. 1642, 18 L.Ed.2d 782] (1967)"). 23. Raka claimed that since the car was not his, he shouldn't have been searched. There is no reason to think that a party whose rights have been infringed will not, if evidence is used against him, have ample motivation to move to suppress it. at 622.

Raka claimed that since the car was not his, he shouldn't have been searched. Katz expressly recognized protection for such passengers. Kentucky v. King Case Brief.

I concur in the opinion of the Court, and add these thoughts. We think that Jones on its facts merely stands for the unremarkable proposition that a person can have a legally sufficient interest in a place other than his own home so that the Fourth Amendment protects him from unreasonable governmental intrusion into that place. Olmstead v. United States, 277 U.S. 438, 478, 48 S.Ct. RAKAS v. ILLINOIS(1978) No. Additionally, the facts of that case are quite different from those of the present case. We are under no illusion that by dispensing with the rubric of standing used inJones we have rendered any simpler the determination of whether the proponent of a motion to suppress is entitled to contest the legality of a search and seizure. Court said the two didn’t have a right to object to admission of the evidence. Create your account, Already registered? Rakas v. Illinois, 439 U.S. 128 (1978) Rakas v. Illinois. See Rakas v. Illinois, 439 U. S. 128, 439 U. S. 143-144; cf. E. g., United States v. Edwards, 577 F.2d 883 (CA5 1978) (en banc); Bustamonte v. Schneckloth, 448 F.2d 699 (CA9 1971), rev'd on other grounds, 412 U.S. 218, 93 S.Ct. After receiving a robbery report, police stopped the suspected getaway car, which the owner was driving and in which petitioners were passengers.

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