Difference between revisions of "Standing to Suppress Evidence"

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==Background==
 
==Background==
In some jurisdictions an individual must have "standing" order to challenge the admissibility of evidence that was illegally obtained. Under the theory of standing, a defendant should not be able to challenge the admissibility of the evidence if they have not had their own Constitutional rights violated. Thus, if police execute an illegal search of the defendant's sister's house and obtain evidence against the defendant, the defendant may not challenge the admissibility of the evidence because it was the sister's rights who were violated.  
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In some jurisdictions an individual must have "standing" in order to challenge the admissibility of evidence that was illegally obtained. Under the theory of standing, a defendant can only challenged the admissibility of the evidence if they have had their own Constitutional rights violated. Thus, if police execute an illegal search of the defendant's sister's house and obtain evidence against the defendant, the defendant may not challenge the admissibility of the evidence because it was the sister's rights who were violated.  
  
This rational ignores the fact that suppression of the evidence would still provide the deterrent effect that the rule is intended to provide.
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This rationale ignores the fact that suppression of the evidence would still provide the deterrent effect that the rule is intended to provide.
  
 
==Countries where Standing is required==
 
==Countries where Standing is required==

Revision as of 11:01, 27 August 2010

Background

In some jurisdictions an individual must have "standing" in order to challenge the admissibility of evidence that was illegally obtained. Under the theory of standing, a defendant can only challenged the admissibility of the evidence if they have had their own Constitutional rights violated. Thus, if police execute an illegal search of the defendant's sister's house and obtain evidence against the defendant, the defendant may not challenge the admissibility of the evidence because it was the sister's rights who were violated.

This rationale ignores the fact that suppression of the evidence would still provide the deterrent effect that the rule is intended to provide.

Countries where Standing is required

United States

Standing is one of several justiciability doctrines that the United States Court has determined are required before a court can hear a case or a dispute.

Countries where Standing is not required

The standing requirement does not apply in the following countries that use some varient of the exclusionary rule:

  • South Africa

See Exclusionary Rule