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
Supreme Court of the United States
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
Chief Justice Warren E. Burger Associate Justices William J. Brennan Jr. · Potter Stewart Byron White · Thurgood Marshall Harry Blackmun · Lewis F. Powell Jr. William Rehnquist · John P. Stevens
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)