The exclusionary rule does not apply to exclude evidence that is seized in violation of the Fourth and Fourteenth Amendments if the defendant lacks standing.

• A. True
• B. False
• C. Not necessarily
• D. Only in traffic cases

Answer: (A)

Standing under the Fourth Amendment decides who can use the exclusionary rule to suppress evidence. If a person has a reasonable expectation of privacy in the place searched or the item seized, they have standing and may challenge the search; if not, they cannot invoke suppression in their own case. The exclusionary rule is a remedy tied to an individual’s privacy rights, rather than a general shield against all illegal searches. Therefore, when the defendant lacks standing, the exclusionary rule does not apply to exclude the evidence in their case. This applies across contexts, not just traffic stops, and the lack of standing does not bar challenges by others who do have a privacy interest.