Lack of Standing to Challenge Search Warrant In Connecticut
"Under the rule of automatic standing, a defendant may seek to suppress evidence as the fruit of an illegal search if he or she was legitimately on the invaded premises or has been charged with an offense of which possession of the seized item is an element." State v. Hill, 237 Conn. 81, 107, 675 A.2d 866 (1996) (Norcott, J., dissenting).
Automatic standing was originally the applicable rule under the federal constitution; Jones v. United States, 362 U.S. 257, 264, 80 S. Ct. 725, 4 L. Ed. 2d 697 (1960); but "was subsequently abandoned in favor of the more restrictive 'reasonable expectation of privacy' test." Rakas v. Illinois, 439 U.S. 128, 143, 99 S. Ct. 421, 58 L. Ed. 2d 387 (1978).
Whether the state constitution embraces the principle of automatic standing remains an open but important question. See State v. Maia, 243 Conn. 242, 244, 703 A.2d 98 (1997).