In its recent decision in United States v. Carlisle, the Seventh Circuit made clear that challenging the constitutionality of a search is no easy task. Although the Fourth Amendment protects individuals from unreasonable government intrusion, defendants seeking to suppress evidence must first prove a reasonable expectation of privacy. This Note will use Carlisle as a basis of exploring the law of Fourth Amendment standing. This Note will argue that the Seventh Circuit applied a flawed test in evaluating a defendant's subjective expectation of privacy, but nevertheless arrived at a result supported by existing precedent. Finally, this Note will examine the policy concerns surrounding Fourth Amendment standing.
That's Not My Bag, Baby: The Seventh Circuit Tackles Fourth Amendment Standing in United States v. Carlisle,
Seventh Circuit Rev.
Available at: http://scholarship.kentlaw.iit.edu/seventhcircuitreview/vol6/iss2/6