| 词条 | Rakas v. Illinois |
| 释义 |
|Litigants=Rakas v. Illinois |ArgueDate=October 3 |ArgueYear=1978 |DecideDate=December 5 |DecideYear=1978 |FullName=People v. Rakas, 46 Ill. App. 3d 569, 4 Ill. Dec. 877, 360 N.E.2d 1252 (App. 3d Dist. 1977), Court OpinionRakas et. al v. Illinois |USVol=439 |USPage=128 |ParallelCitations=99 S. Ct. 421; 58 L. Ed. 2d 387 |Prior=People v. Rakas, 46 Ill. App. 3d 569, 4 Ill. Dec. 877, 360 N.E.2d 1252 (App. 3d Dist. 1977) |Subsequent= |Holding=Expectation of privacy in area subject to search or seizure required to challenge legality of the 4th amendment invasion. |SCOTUS=1975–1981 |Majority=Rehnquist |JoinMajority=Burger, Stewart, Blackmun, Powell |Concurrence=Powell |JoinConcurrence=Burger |Dissent=White |JoinDissent=Brennan, Marshall, Stevens |LawsApplied= }} Rakas v. Illinois, 439 U.S. 128 (1978), was a decision by the United States Supreme Court, in which the Court held that the "legitimately on the property" requirement of Jones v. United States, for challenging the legality of a police search, was too broad. The majority opinion by then-Associate Justice Rehnquist held that a defendant needs to show a "legitimate" expectation of privacy in the place searched in order to be eligible to challenge the search. For example, an overnight guest in a friend's apartment has such "standing". In the case at issue, the Court ruled that vehicular passengers in a car they did not own had no such legitimate expectation. Subsequent HistoryIn Rawlings v. Kentucky (1980), the Court ruled that the test enunciated in Rakas—whether the petitioner had a reasonable expectation of privacy in the area searched—is the exclusive test for determining whether a defendant has standing to challenge a search. External links
| case = Rakas v. Illinois, {{ussc|439|128|1978|el=no}} | justia =https://supreme.justia.com/cases/federal/us/439/128/ | loc =http://cdn.loc.gov/service/ll/usrep/usrep439/usrep439128/usrep439128.pdf | oyez =https://www.oyez.org/cases/1978/77-5781{{SCOTUS-stub}} 4 : United States Fourth Amendment case law|United States Supreme Court cases|United States Supreme Court cases of the Burger Court|1978 in United States case law |
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。