ASIS International (ASIS) Professional Certified Investigator Practice Exam

The application of the exclusionary rule, as clarified in Rawlings v. Kentucky, hinges on the requirement that the individual must have standing. Standing refers to the legal right of a person to challenge the admission of evidence in court based on a legitimate expectation of privacy in the seized materials.

In this case, the court established that only individuals who can demonstrate a personal stake or interest in the evidence being challenged have the right to invoke the exclusionary rule. This means that if a person does not have standing, they cannot argue for the exclusion of evidence, regardless of the circumstances surrounding its acquisition.

By focusing on the established need for standing, Rawlings v. Kentucky underscores the principle that the protection afforded by the exclusionary rule does not automatically extend to all individuals but is confined to those who can show they were personally affected by the search or seizure in question.