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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 ...
Rakas v. Illinois: 439 U.S. 128 (1978) Asserting the Fourth Amendment rights of third persons Marquette Nat. Bank of Minneapolis v. First of Omaha Service Corp. 439 U.S. 299 (1978) State anti-usury laws cannot be enforced against nationally chartered banks located out of state Parklane Hosiery Co, Inc. v. Shore: 439 U.S. 322 (1979) Preclusion ...
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Rakas v. Illinois had a dramatic effect on the scope of the Fourth Amendment "unreasonable" searches. Despite driving a car having a different license number, containing double the number of required passengers, and having a different year and color then the one described in the robbery report, police officers stopped and searched the car of ...
On March 1, 1976, an agent of the Illinois Bureau of Investigation, working in Aurora, requested a search warrant to search the Aurora Tap Tavern and its bartender for evidence of heroin trafficking, after an informant, "on the weekend" of February 28–29, observed 15 to 25 packets of tinfoil on the person of a bartender only known as "Greg," along with seeing the packets on him and in a ...
Justice Rehnquist reiterated this principle in Rakas v. Illinois, when he stated that a 'legitimate expectation of privacy' cannot be confined to a mere subjective expectation of something being kept private. He stated that a legitimate expectation of privacy "must have a source outside of the Fourth Amendment, either by reference to concepts ...
The other test emerged from a dictum in Lewis Powell's concurring opinion in the 1978 Supreme Court case, Rakas v. Illinois, that courts considering the reasonableness of a privacy expectation should consider "all the surrounding circumstances." [56] It was first applied by the First Circuit in a 1980 case, United States v. Brien.
Illinois v. Gates, 462 U.S. 213 (1983), is a Fourth Amendment case. [1] Gates overruled Aguilar v. Texas [2] and Spinelli v. United States, [3] thereby replacing the Aguilar–Spinelli test for probable cause with the "totality of the circumstances" test.