Warrants & Your Rights

  1. Asserting Your Standing
  2. Bad Warrants
  3. Requirement to Knock
  4. Warrant for Making Arrests
  5. Warranted Search & Seizures
  6. Warrantless Search & Seizures
In order for the defendant to assert standing, the defendant must have a personal expectation of privacy in the place searched, and whether that expectation is reasonable based on concepts of real or personal property or on "understandings that are recognized and permitted by society." Minnesota v. Carter, 525 U.S. 83 (1998).

Minnesota v. Olson, 495 U.S. 91, 98-99 (1990) Overnight visitors have a reasonable expectation of privacy in their temporary shelter because "[s]taying overnight in another's house is a long-standing social custom that serves functions recognized as valuable by society... We are at our most vulnerable when we are asleep because we cannot monitor our own safety or the security of our belongings."