Rakas v. Illinois
- Decided
- January 15, 1979
- Docket
- 77-5781
- Status
- Published
- Jurisdiction
- Federal
Cited 6,103 timesAbrogated in part on other grounds (not yet verified)Possible negative treatment: abrogated in part on other grounds, abrogated in part (not yet verified) · VanDyck v. United States
What later courts said
- holding that the determinative question is "whether the person who claims the protection of the Amendment has a legitimate expectation of privacy in the invaded place" — Oliver v. United States (1984)
- holding that a defendant must have a reasonable expectation of privacy in the item searched or seized — United States v. Raymond H. McDonald A/K/A Play, A/K/A Randolph Smith (1995)
- holding that defendant must have a legitimate expectation of privacy in the premises before he can claim protection under the Fourth Amendment — United States v. Gabriel Mendoza (2006)
Each line is a later court’s own words about this case, not a summary. Read the opinion before relying on it.
How the opinion begins
Mr. Justice Rehnquist delivered the opinion of the Court.
Petitioners were convicted of armed robbery in the Circuit Court of Kankakee County, Ill., and their convictions were affirmed on appeal. At their trial, the prosecution offered into evidence a sawed-off rifle and rifle shells that had been seized by police during a search of an automobile in which petitioners had been passengers. Neither petitioner is the owner of the automobile and neither has ever asserted that he owned the rifle or shells seized. The Illinois Appellate Court held that petitioners lacked standing to object to the allegedly [*130] unlawful search and seizure and denied their motion to suppress the evidence. We granted certiorari in light of the obvious importance of the issues raised to the administration of criminal justice, 435 TJ. S. 922 (1978), and now affirm.
I
Cite this
Rakas v. Illinois, 439 U.S. 128 (1979)Read the full opinion
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