Yesterday, 06:10 AM
Oh I know cases like that have happened and have left me scratching my head. Yeah I can't think of a specific one. I found this law review article that covers this issue.
https://scholars.law.unlv.edu/cgi/viewcontent.cgi?article=1108&context=nlj
Some of the relevant parts to what you're talking about:
Many scholars have critiqued the Court’s Fourth Amendment standing doctrine for a variety of reasons,8 and I join the chorus with my view that the Court has developed an unduly narrow vision of standing (and thus, the Fourth Amendment) that fails to take into account the collective, regulatory objective of the Amendment and of its primary remedy—exclusion. However, the main focus of this Article is the Court’s collapse of the standing inquiry into the merits of a Fourth Amendment claim, a doctrinal move that, while noted by scholars, has not generally been the primary focus of analysis.9 I hope to demonstrate that with this move, the Court not only effectively restricted the scope of the Fourth Amendment, but helped ensure that its narrow, individualistic view would endure.
To form a backdrop against which this argument can be developed, it is necessary to begin with a few thoughts on judicial activism in general and with respect to criminal procedure rules in particular. In an excellent article, Professor Stephen F. Smith provides a highly useful, ideologically neutral definition of judicial activism, in both its substantive and procedural dimensions.10 According to Professor Smith, substantive activism is implicated when a court reaches a decision at odds with the text or structure of the constitutional or statutory provision being adjudicated, when a court overrules precedent without proper justification under relevant stare decisis rules, or when a court distinguishes or limits precedent on tenuous grounds.11 Procedural activism, on the other hand, may be suspected when a court chooses to reach the merits of an issue despite justiciability rules that would (or should) otherwise restrain the court from so doing, or when a court decides more than is necessary to dispose
of the case before it.12
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Originally Posted by Brian4Liberty
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