Which statement about standing to challenge a 4th Amendment search is false?

• A. The owner of the premises has standing
• B. A temporary guest for business purpose has standing
• C. A guest with access to the area has standing
• D. The owner of the item has standing

Answer: (B)

Standing to challenge a Fourth Amendment search is personal and hinges on a reasonable expectation of privacy in the place or item searched. The owner of the premises has standing because they have a recognized privacy interest in their property. A guest who is allowed access to the area may have standing if they have a legitimate privacy interest in the part of the home or area searched (for example, an overnight guest often has such privacy rights). The owner of the item has standing because they have a privacy interest in that item.

The statement about a temporary guest for business purpose having standing is false because such a guest typically does not have a reasonable expectation of privacy in the premises simply by being there for business. They’re usually treated as temporary visitors without a privacy interest in the searched area, unless they have their own independent privacy rights or occupancy rights.