Final answer:
Standing exists when a person has a legitimate expectation of privacy in the place or thing searched or seized. This is protected under the Fourth Amendment and requires a warrant supported by probable cause, with exceptions like consent, exigent circumstances, or plain view items.
Step-by-step explanation:
Standing exists only if a subject has a legitimate expectation of privacy in the place or thing that is searched or seized. This principle is rooted in the Fourth Amendment to the United States Constitution, which protects against unreasonable searches and seizures and requires that government officials obtain a warrant based on probable cause before conducting any such search or seizure. The concept of legitimate expectation of privacy means that the privacy must be one that society is prepared to recognize as reasonable.
For example, individuals generally have a reasonable expectation of privacy in their homes, but not in items left out in the open where they are plainly visible. The Supreme Court has established various exceptions to the warrant requirement, such as consent to a search, exigent circumstances, or if the items are in plain view. Knowing when standing exists can significantly affect one’s legal rights and the admissibility of evidence.