Many clients have come to us claiming that they thought a home or car they were in might have been subject to an illegal search by the police. On more than a few occasions we have had to tell them they cannot challenge the search because they have no "standing" - in other words, because they did not own the home (or rent the home) or they were just a passenger in a car that was not their own car. Only the owner or true possessor of a home or car can assert that the home or car was illegally searched by the police. Police and prosecutors often argue (and often enough successfully) that the defendant cannot file or assert a motion to suppress because the defendant was not the owner/renter of the residence. Sometimes a defendant will argue that he/she spent enough time there to claim the premises as their residence (or drive their mamas care enough to call it their own) - and these cases are decided on a case-by-case basis.
Diagnosing a "standing" issue is not always easy. Call us if you have any questions.