Rakas v. Illinois
Rakas v. Illinois, 439 U.S. 128 (1978), was a decision by the United States Supreme Court, in which the Court held that the "legitimately on the property" requirement of Jones v. United States, for challenging the legality of a police search, was too broad. The majority opinion by then-Associate Justice Rehnquist held that a defendant needs to show a "legitimate" expectation of privacy in the place searched in order to be eligible to challenge the search. For example, an overnight guest in a friend's apartment has such "standing".
| Rakas v. Illinois | |
|---|---|
 | |
| Argued October 3, 1978 Decided December 5, 1978 | |
| Full case name | People v. Rakas, 46 Ill. App. 3d 569, 4 Ill. Dec. 877, 360 N.E.2d 1252 (App. 3d Dist. 1977), Court OpinionRakas et. al v. Illinois |
| Citations | 439 U.S. 128 (more) 99 S. Ct. 421; 58 L. Ed. 2d 387 |
| Case history | |
| Prior | People v. Rakas, 46 Ill. App. 3d 569, 4 Ill. Dec. 877, 360 N.E.2d 1252 (App. 3d Dist. 1977) |
| Holding | |
| Expectation of privacy in area subject to search or seizure required to challenge legality of the 4th amendment invasion. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Rehnquist, joined by Burger, Stewart, Blackmun, Powell |
| Concurrence | Powell, joined by Burger |
| Dissent | White, joined by Brennan, Marshall, Stevens |
In the case at issue, the Court ruled that vehicular passengers in a car they did not own had no such legitimate expectation.
Subsequent History
In Rawlings v. Kentucky (1980), the Court ruled that the test enunciated in Rakas—whether the petitioner had a reasonable expectation of privacy in the area searched—is the exclusive test for determining whether a defendant has standing to challenge a search.
External links
- Text of Rakas v. Illinois, 439 U.S. 128 (1978) is available from: Justia Library of Congress Oyez (oral argument audio)