The authors examine the history of the standing doctrine as it relates to the ability to contest searches and seizures. After analyzing the cases in this area, the recent Supreme Court case of Rakas v. Illinois is discussed and critiqued in depth. Cases decided after Rakas serve as the backdrop for a discussion of the exclusionary rule and the privacy rights of automobile passengers. Finally, the authors propose an alternative to the Rakas holding.
Richard L. Allen and John A. Schaffer,
Great Expectations: Privacy Rights in Automobiles,
34 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol34/iss1/6