Seventh Circuit Review


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.

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