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Chicago-Kent College of Law

Seventh Circuit Review

2011

Fourth amendment

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That's Not My Bag, Baby: The Seventh Circuit Tackles Fourth Amendment Standing In United States V. Carlisle, Mariana Karampelas May 2011

That's Not My Bag, Baby: The Seventh Circuit Tackles Fourth Amendment Standing In United States V. Carlisle, Mariana Karampelas

Seventh Circuit Review

In its recent decision in United States v. Carlisle, the Seventh Circuit made clear that challenging the constitutionality of a search is no easy task. Although the Fourth Amendment protects individuals from unreasonable government intrusion, defendants seeking to suppress evidence must first prove a reasonable expectation of privacy. This Note will use Carlisle as a basis of exploring the law of Fourth Amendment standing. This Note will argue that the Seventh Circuit applied a flawed test in evaluating a defendant's subjective expectation of privacy, but nevertheless arrived at a result supported by existing precedent. Finally, this Note will examine …