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The Effects, Thirty Years In Hindsight, Of Eliminating The Concept Of Fourth Amendment “Standing”, Robert H. Whorf
robert h whorf
Abstract – The Effects, Thirty Years in Hindsight, of Eliminating the Concept of Fourth Amendment Standing Copyright 2009 Robert H. Whorf This article presents a novel look at Fourth Amendment “standing” doctrine. It considers a case that has perplexed courts for three decades – Rakas v. Illinois, 439 U.S. 128 (1978). The article chronicles an amazing variety of responses from lower courts in the years following issuance of the decision. Those responses indicate that courts were considerably confused about whether Rakas actually eliminated the concept of 4th Amendment standing by collapsing it into the threshold merits inquiry, or whether Rakas simply ...