First & Last Page
While "standing" in Fourth Amendment cases is not a preliminary inquiry, perhaps it should be. When the government fails to object to a defendant's standing to challenge a Fourth Amendment search, there may be an opportunity to renew the objection on appeal. Your outcome is jurisdiction-specific. This article explores the reasons that the Supreme Court should again visit the question of standing with respect to Fourth Amendment searches and eliminate the government's ability to challenge standing for the first time on appeal.
Stefanie M. Bowen,
Still Standing: Does the Government Ever Waive a Right to Challenge Standing in Fourth Amendment Cases?,
Lincoln Mem’l U. L. Rev.
Available at: https://digitalcommons.lmunet.edu/lmulrev/vol9/iss2/9