The U.S. Supreme Court case Rakas et al. v. Illinois in 1978 revolved around the Fourth Amendment rights of passengers in a car that was searched by police without a warrant, leading to the discovery of evidence used against them in a robbery trial. The defendants argued their constitutional rights were violated as they had "legitimate expectation of privacy" in the car where they were merely passengers and did not own or control it. However, the court ruled against them stating that only those whose personal rights are affected can suppress evidence obtained through an illegal search and seizure under Fourth Amendment protection; mere presence at such an event does not suffice for this claim. This decision redefined who could challenge searches on these grounds, limiting it to individuals with ownership interest or significant control over property being searched rather than anyone present during an unlawful search.

In the dissenting opinion for Rakas v. Illinois, Justice William J. Brennan Jr., joined by Justice Thurgood Marshall, argued that the majority's decision to limit Fourth Amendment protections was a departure from established precedent and an unnecessary restriction on individual rights. He contended that anyone legitimately present at the scene of a search should have standing to challenge its constitutionality under the Fourth Amendment, regardless of property ownership or possession interests in either place searched or items seized. This broader interpretation would better serve to deter unlawful police conduct than limiting it only to those with recognized legal interest in invaded places as per majority’s view. The dissent also criticized the court's reliance on property law concepts which they believed were ill-suited for determining constitutional rights related to personal privacy and freedom from unreasonable searches and seizures.