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Fourth Amendment

University of Baltimore Law

Law Enforcement and Corrections

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Reflections On Standing: Challenges To Searches And Seizures In A High Technology World, José F. Anderson Apr 2006

Reflections On Standing: Challenges To Searches And Seizures In A High Technology World, José F. Anderson

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Among the profound issues that surround constitutional criminal procedure is the obscure often overlooked issue of who has standing to challenge an illegal search, seizure or confession. Privacy interests are often overlooked because without a legal status that allows a person to complain in court, there is no way to challenge whether one is constitutionally protected from personal invasions. Standing is that procedural barrier often imposed to prevent a person in a case from objecting to improper police conduct because of his or her relationship of ownership, proximity, location, or interest in an item searched or a thing seized. Although …