Rakas v. Illinois
| 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 is 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 |
Rakas v. Illinois, 439 U.S. 128, was a United States Supreme Court case decided in 1978. The case addressed the theoretical boundaries of personal standing within the context of search and seizure under the Fourth Amendment. A divided Court held that in order to claim the protection of the Fourth Amendment, a defendant must demonstrate that he or she personally has an expectation of privacy in the place or thing searched, and that his or her expectation is reasonable.