What must be proven for a defendant to benefit from standing in a probable cause case?

To benefit from standing in a probable cause case, it is essential to demonstrate an expectation of privacy, also known as recognized expectation of privacy (REP). This concept is rooted in the Fourth Amendment, which protects individuals from unreasonable searches and seizures. For a defendant to challenge the legality of a search or seizure, they must show that they had a legitimate expectation of privacy in the area or item that was subject to the search.

Expectation of privacy means that the individual had a subjective expectation of privacy that society recognizes as reasonable. For example, if someone stores personal belongings in a private residence, they typically have an expectation that those belongings will not be searched without a warrant or probable cause. Establishing this expectation is crucial because it allows the defendant to argue that their Fourth Amendment rights were violated during the law enforcement's action.

In contrast, other options do not directly relate to the requirement for standing in these cases. Evidence of intent to commit a crime addresses the defendant's mindset rather than their privacy rights. Testimony from the arresting officer may be part of the process but does not alone establish standing. A written confession pertains to the admission of guilt and does not relate to the issue of privacy or the right to contest a search's legality. Thus, demonstrating a