Standing
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether the defendant has standing to challenge the government’s conduct.
Analysis
R: To challenge government conduct as a violation of the Fourth Amendment, the defendant must establish standing, which requires (1) the alleged violation involves government conduct, (2) the defendant must be asserting personal rights under the Fourth Amendment and not the rights of another individual, and (3) the defendant must show that either they were (a) seized or (b) searched.
1. Government Conduct
R: The alleged Fourth Amendment violation must be committed by a government official or someone acting as an agent of the government, such as law enforcement, an individual acting under police direction, or informants.
A: Here, [apply rules to facts].
C: Therefore, this element [is/is not] satisfied.
2. Personal Rights
R: The defendant must assert their own Fourth Amendment rights. A defendant cannot claim a violation of someone else’s rights, even if the violation leads to the defendant’s incrimination. Thus, in cases involving evidence seized from co-conspirators or third parties, the defendant has no standing unless their own personal rights were violated.
A: Here, [apply rules to facts].
C: Therefore, this element [is/is not] satisfied.
3a. Seizure
R: A seizure occurs when law enforcement, through physical force or a show of authority, restrains a person’s freedom of movement in such a way that a reasonable, innocent person would not feel free to leave. (e.g., the officer physically touches the defendant, or the defendant submits to the officer’s show of authority).
Police Pursuits Exception
R: A seizure does not occur during a police pursuit unless law enforcement uses intentional physical force (e.g., ramming a vehicle, shooting the defendant).
A: Here, [apply rules to facts].
C: Therefore, this element [is/is not] satisfied.
3b. Search
R: A search occurs when government conduct violates an individual’s reasonable expectation of privacy. A person has (1) a reasonable expectation of privacy in places or things not exposed to the public, such as their home, car, personal effects, hotel rooms, and places of work. However, there is (2) no reasonable expectation of privacy in objects held out to the public, such as trash left on the curb, except when the government physically intrudes on private property (e.g., installing a GPS tracker on a vehicle).
A: Here, [apply rules to facts].
C: Therefore, this element [is/is not] satisfied.
Conclusion
C: Therefore, since all the elements [are/are not] satisfied, the defendant [has/does not have] standing to challenge the government’s conduct.
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Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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