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Rakas v. Illinois

United States Supreme Court
439 U.S. 128 (1978)


The police pulled over a car that fit the description of a car used in a robbery. The police ordered the four occupants out of the car. Upon searching the vehicle, the police found a box of rifle shells in the glove compartment and a sawed-off rifle under the front passenger seat. Rakas (defendant) and the other man in the car were arrested. Neither Rakas nor the other man had been driving the car, neither owned the car, and neither claimed he owned the shells or the rifle. Rakas moved to have the rifle and shells suppressed at trial, but the trial judge ruled the two men lacked standing and denied the motion to suppress.

Rule of Law


Holding and Reasoning (Rehnquist, J.)

Concurrence (Powell, J.)

Dissent (White, J.)

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