Constitutional Law - Persons Entitled to Raise Constitutional Questions - Standing to Suppress Evidence Obtained in Violation of the Fourth Amendment

Authors

William R. Nicholas, University of Michigan Law SchoolFollow

Abstract

Federal officers arrested petitioner upon finding narcotics in an awning outside the window of E's apartment which petitioner was using as "a friend" of E. Charged with possession of contraband narcotics, petitioner moved to suppress the evidence claiming the warrant to search the apartment was issued to the officers without probable cause. The district court denied petitioner's motion on the ground that he lacked standing to make it. At trial a renewed motion to suppress was denied, and on appeal the Court of Appeals for the District of Columbia affirmed the ruling of the district court. On certiorari to the United States Supreme Court, held, vacated and remanded, one Justice dissenting. Whenever illegal possession is the basis for conviction, a defendant has sufficient standing to challenge the legality of the search or seizure by which the evidence of illegal possession was obtained. Jones v. United States, 362 U.S. 257 (1960).

Recommended Citation

William R. Nicholas, Constitutional Law - Persons Entitled to Raise Constitutional Questions - Standing to Suppress Evidence Obtained in Violation of the Fourth Amendment, 59 Mich. L. Rev. 444 (1961).
Available at: https://repository.law.umich.edu/mlr/vol59/iss3/8