Exclusionary Rule Scope

This blog will discuss the standing to object to the admission of evidence. The concept of standing to object to the admission of evidence seized during an illegal search refers to a party’s legal right to object. Traditionally, to have standing to contest a search, a party must have had a reasonable expectation of privacy in the place searched. Some courts recognized that standing was required to challenge a search while other courts did not. In Alderman vs. United States, the Supreme Court reaffirmed that a 4th Amendment violation can only be brought up by the person whose rights were violated, not by those who were collaterally hurt by the introduction of such evidence. This decision was based, in part, on the public policy that the public has an interest in seeing criminals prosecuted on the basis of all the evidence which exposes the truth.

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