Commonwealth v. Hawkins, 718 A.2d 265 (Pa. 1998). · Go Syfert
Commonwealth v. Hawkins, 718 A.2d 265 (Pa. 1998). Cases Citing This Book View Copy Cite
Quick Summary

A defendant must demonstrate a legitimate expectation of privacy to prevail on a suppression claim under the state constitution (Edmunds analysis).

After a defendant observed a transaction where he transferred contraband to a codefendant, the police seized the drugs from the codefendant's mouth. The defendant moved to suppress the evidence, arguing he could vicariously assert the privacy interests of the codefendant. The court held that while a defendant may have standing to challenge a search, he must separately demonstrate a personal, reasonable expectation of privacy in the area searched or the items seized. Because the defendant meaningfully abdicated his control over the contraband by transferring it to another, he lacked a legitimate expectation of privacy, and the motion to suppress was properly denied.

243 citation events (203 in the last 25 years) across 8 distinct courts.
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Cited for
718 A.2d at 267 Defining legitimate expectation of privacy in searches35 citing casesThis Court has accorded standing automatically, with no preliminary showing of a proprietary or posses-sory interest by the defendant, ... where possession at the time of the contested search and seizure is an essential element of the prosecution's case.6 citing courts put it this way · 33 listed here
  • Commonwealth v. Rosas, 875 A.2d 341 (Pa. Super. Ct. 2005).published 2 cites
    (This Court has accorded standing automatically, with no preliminary showing of a proprietary or posses-sory interest by the defendant, ... where possession at the time of the contested search and seizure is an essentia…)
  • Commonwealth v. Saunders, O., 326 A.3d 888 (Pa. 2024).published
    “with no preliminary showing of a proprietary or possessory interest by the defendant ... where possession at the time of the contested search and seizure is an essential element of the prosecution’s case”
  • Commonwealth v. Capriotti, Z., 287 A.3d 810 (Pa. 2023).published
    In his brief to the Superior Court, he repeatedly maintained 3 “[T]o prevail on a suppression motion, a defendant must demonstrate a legitimate expectation of privacy in the area searched or effects seized, and such expectation cannot be e…
  • Commonwealth v. Dunkins, A., 263 A.3d 247 (Pa. 2021).published
    To prevail on a suppression motion implicating the Fourth Amendment, “a defendant must demonstrate a legitimate expectation of privacy in the area searched or effects seized, and such expectation cannot be established where a defendant has…
  • Com. v. Rivera, O., No. 1131 MDA 2018 (Pa. Super. Ct. Aug. 27, 2019).unpublished
    “a defendant is required to separately demonstrate a personal privacy interest in the area searched or effects seized, and that such interest was actual, societally sanctioned as reasonable, and justifiable”
  • Com. v. Derry, D., No. 79 MDA 2019 (Pa. Super. Ct. Aug. 14, 2019).unpublished
    Commonwealth v. Hawkins, 718 A.2d 265, 267 (Pa. 1998).
  • Commonwealth v. Shaffer, J., No. 16 WAP 2018 (Pa. June 18, 2019).published
    The area searched must be an area in which the person challenging the search has a reasonable expectation of privacy, see Commonwealth v. Hawkins, 718 A.2d 265, 267 (Pa. 1998), and the search must be performed by a state actor.
  • Commonwealth v. Shabezz, S., 166 A.3d 278 (Pa. 2017).published 6 cites
    Commonwealth v. Hawkins, 718 A.2d 265, 267 (Pa. 1998) (citation omitted).
  • Com. v. Castapheny, S., No. 269 WDA 2016 (Pa. Super. Ct. Mar. 27, 2017).unpublished
    However, to prevail on a motion to suppress, the defendant must still separately demonstrate that he had a personal privacy interest in the area searched or effects seized, “and that such interest was ‘actual, societally sanctioned as reas…
  • Com. v. Perez, J., No. 1923 EDA 2015 (Pa. Super. Ct. Oct. 26, 2016).unpublished
    Commonwealth v. Hawkins, 553 Pa. 76 , 718 A.2d 265, 267 (1998); Commonwealth v. Black, 758 A.2d 1253 , 1256–1258 (Pa.Super.2000); Commonwealth v. Torres, 564 Pa. 86 , 764 A.2d 532, 542 (2001)[].
Show 23 more citing cases
  • Commonwealth v. Evans, 45 Pa. D. & C.5th 390 (Pa. Ct. Com. Pl. 2015).published
    Comm. v. Hawkins, 718 A.2d 265, 267 (Pa. 1998) (internal brackets and citations omitted).
  • Commonwealth v. Enimpah, A., 106 A.3d 695 (Pa. 2014).published 8 cites
    Commonwealth v. Hawkins, 718 A.2d 265, 267 (Pa. 1998) (citation omitted).
  • Com. v. Gray, L., No. 1502 WDA 2013 (Pa. Super. Ct. Dec. 24, 2014).unpublished
    “[i]n order to prevail on a [suppression] motion, ... a defendant is required to separately demonstrate a personal privacy interest in the area searched or effects seized, and that such interest was ‘actual, societally s…”
  • Com. v. Morris, E., No. 2564 EDA 2013 (Pa. Super. Ct. Oct. 10, 2014).unpublished 2 cites
    “The concept of standing in a criminal search and seizure context empowers a defendant to assert a constitutional violation and thus seek to exclude or suppress the government's evidence pursuant to the exclusionary - 18 - J-S57011-14 rule…
  • Com. v. Bussey, C., No. 1039 EDA 2013 (Pa. Super. Ct. Sept. 16, 2014).unpublished 2 cites
    Commonwealth v. Hawkins, 718 A.2d 265, 267 (Pa. 1998).
  • Commonwealth v. Harvard, 64 A.3d 690 (Pa. Super. Ct. 2013).published
    “proprietary or possessory interest in the searched premises”
  • Commonwealth v. Powell, 994 A.2d 1096 (Pa. Super. Ct. 2010).published 3 cites
    We must next consider, however, the Commonwealth’s last issue in which it asserts that Powell lacked standing to seek suppression of the evidence seized from the Honda’s trunk because he failed to demonstrate that, as a passenger, he had a…
  • Commonwealth v. Burton, 973 A.2d 428 (Pa. Super. Ct. 2009).published 2 cites
    Commonwealth v. Hawkins, 553 Pa. 76 , 718 A.2d 265, 267 (1998); Commonwealth v. Black, 758 A.2d 1253, 1256-1258 (Pa.Super.2000); Commonwealth v. Torres, 564 Pa. 86 , 764 A.2d 532, 542 (2001); Perea, 791 A.2d at 429 .
  • Commonwealth v. Arnold, 932 A.2d 143 (Pa. Super. Ct. 2007).published 2 cites
    Commonwealth v. Hawkins, 553 Pa. 76 , 718 A.2d 265, 267 (Pa.1998) ("essential effect" of automatic standing doctrine "is to entitle a defendant to an adjudication of the merits of a suppression motion.
  • Commonwealth v. Millner, 888 A.2d 680 (Pa. 2005).published 2 cites
    Commonwealth v. Hawkins, 553 Pa. 76 , 718 A.2d 265, 267 (1998) ("essential effect" of automatic standing doctrine "is to entitle a defendant to an adjudication of the merits of a suppression motion....
  • Commonwealth v. Sandone, 74 Pa. D. & C.4th 353 (Pa. Ct. Com. Pl. 2005).published
    Commonwealth v. Hawkins, 553 Pa. 76, 80-81 , 718 A.2d 265, 267 (1998); Commonwealth v. Black, 758 A.2d 1253, 1257 (Pa. Super. 2000).
  • Commonwealth v. Tucker, 883 A.2d 625 (Pa. Super. Ct. 2005).published
    Id., 553 Pa. at 81 , 718 A.2d at 267 (emphasis and brackets added).
  • Commonwealth v. Boulware, 876 A.2d 440 (Pa. Super. Ct. 2005).published
    Commonwealth v. Hawkins, 553 Pa. 76, 80-81 , 718 A.2d 265, 267 (1998); Commonwealth v. Black, 758 A.2d 1253, 1257 (Pa.Super.2000).
  • Commonwealth v. Whiting, 767 A.2d 1083 (Pa. Super. Ct. 2001).published
    Commonwealth v. Hawkins, 553 Pa. 76, 80 , 718 A.2d 265, 267 (1998) (emphasis added).
  • Commonwealth v. Torres, 764 A.2d 532 (Pa. 2001).published 2 cites
    “a subjective privacy expectation coupled with objective reasonableness”
  • Commonwealth v. Cottman, 764 A.2d 595 (Pa. Super. Ct. 2000).published 3 cites
    Commonwealth v. Hawkins, 553 Pa. 76, 81-82 , 718 A.2d 265, 267 (1998) (citation and footnote omitted). ¶ 18 In the case sub judice, Appellant abandoned any personal privacy interest in the weapon when it was discarded along the flight path.
  • Com. v. Davis, D., No. 2711 EDA 2023 (Pa. Super. Ct. Jan. 14, 2025).unpublished 2 cites
    (suppression motion properly denied where defendant lacked legitimate expectation of privacy)
  • Com. v. Davis, J., No. 1085 WDA 2022 (Pa. Super. Ct. June 7, 2024).unpublished
    See Commonwealth v. Hawkins, 718 A.2d 265, 267 (Pa. 1998).
  • Com. v. Ali, S., No. 747 EDA 2020 (Pa. Super. Ct. Mar. 1, 2021).unpublished
    See PCO at 11 n.5. “[T]o prevail on a suppression motion, a defendant must demonstrate a legitimate expectation of privacy in the area searched or effects seized, and such expectation cannot be established where a defendant has meaningfull…
  • Commonwealth v. Hunter, 963 A.2d 545 (Pa. Super. Ct. 2008).published
  • Commonwealth v. Dowds, 761 A.2d 1125 (Pa. 2000).published
  • Com. v. Terry, W., No. 1415 WDA 2014 (Pa. Super. Ct. Dec. 7, 2015).unpublished
  • J.W. v. State, 95 So. 3d 372 (Fla. 3d DCA 2012).published
718 A.2d at 266 Defining standing to assert Fourth Amendment violations14 citing cases“The concept of standing in a criminal search and seizure context empowers a defendant to assert a constitutional violation and thus seek to exclude or suppress the government's evidence pursuant to the exclusionary - 18 - J-S57011-14 rules under the Fourth Amendment of the United States Constitutio…”6 citing courts quote it · 13 listed here
  • Rivera v. Ransom, No. 4:23-cv-00566 (M.D. Pa. Mar. 26, 2024).
    (providing thorough explanation of Pennsylvania law concerning Fourth Amendment standing doctrine and exclusionary rule)
  • Com. v. Almanzar, Y., No. 1463 EDA 2019 (Pa. Super. Ct. Sept. 15, 2020).unpublished
    “The concept of standing in a criminal search and seizure context empowers a defendant to assert a constitutional violation and thus seek to exclude or suppress the government’s evidence pursuant to the exclusionary rules under the Fourth…
  • Com. v. Benitez, J., No. 1462 EDA 2019 (Pa. Super. Ct. Sept. 15, 2020).unpublished
    “The concept of standing in a criminal search and seizure context empowers a defendant to assert a constitutional violation and thus seek to exclude or suppress the government’s evidence pursuant to the exclusionary rules under the Fourth…
  • Com. v. Young, M., No. 1782 EDA 2017 (Pa. Super. Ct. July 18, 2018).unpublished
    “The concept of standing in a criminal search and seizure context empowers a defendant to assert a constitutional violation and thus seek to exclude or suppress the government's evidence pursuant to the exclusionary rule…”
  • Commonwealth v. Jacoby, T., 170 A.3d 1065 (Pa. 2017).published 2 cites
    “to assert a constitutional violation and thus seek to exclude or suppress the government’s evidence [J-58-2016] - 30 pursuant to the exclusionary rules under the Fourth Amendment [to] the United States Constitution or A…”
  • Commonwealth v. Shabezz, S., 166 A.3d 278 (Pa. 2017).published 6 cites
    Commonwealth v. Hawkins, 718 A.2d 265, 267 (Pa. 1998) (citation omitted).
  • Commonwealth v. Enimpah, A., 106 A.3d 695 (Pa. 2014).published 8 cites
    Commonwealth v. Hawkins, 718 A.2d 265, 267 (Pa. 1998) (citation omitted).
  • Com. v. Henry, S., No. 294 MDA 2014 (Pa. Super. Ct. Dec. 24, 2014).unpublished
    “The concept of standing in a criminal search and seizure context empowers a defendant to assert a constitutional violation and thus seek to exclude or suppress the government’s evidence pursuant to the exclusionary rule…”
  • Com. v. Morris, E., No. 2564 EDA 2013 (Pa. Super. Ct. Oct. 10, 2014).unpublished 2 cites
    “The concept of standing in a criminal search and seizure context empowers a defendant to assert a constitutional violation and thus seek to exclude or suppress the government's evidence pursuant to the exclusionary - 18…”
  • Commonwealth v. Caban, 60 A.3d 120 (Pa. Super. Ct. 2012).published
    “The concept of standing in a criminal search and seizure context empowers a defendant to assert a constitutional violation and thus seek to exclude or suppress the government’s evidence pursuant to the exclusionary rules under the Fourth…
Show 3 more citing cases
  • Commonwealth v. Powell, 994 A.2d 1096 (Pa. Super. Ct. 2010).published 3 cites
    “The concept of standing in a criminal search and seizure context empowers a defendant to assert a constitutional violation and thus seek to exclude or suppress the government’s evidence pursuant to the exclusionary rule…”
  • Commonwealth v. Bostick, 958 A.2d 543 (Pa. Super. Ct. 2008).published
    “The concept of standing in a criminal search and seizure context *551 empowers a defendant to assert a constitutional violation and thus seek to exclude or suppress the government’s evidence pursuant to the exclusionary…”
  • Commonwealth v. Russo, 934 A.2d 1199 (Pa. 2007).published 2 cites
    (applying Edmunds analysis to Article I, Section 8 claim that criminal defendants "should be able to vicariously assert privacy interests belonging to others in order to challenge allegedly intrusive police conduct)
718 A.2d at 269 Defining personal privacy interests under Article I Section 87 citing casesThe polestar of the expanded protection afforded by Article I, Section 8, which distinguishes it from its federal counterpart, is its emphasis upon personal privacy interest.2 citing courts put it this way · 6 listed here
  • Commonwealth v. Anderson, G., 340 A.3d 297 (Pa. 2025).published
    (These rights are personal in nature. There is no necessity to exclude evidence against one person in order to protect the rights of another. No rights of the victim of an illegal search are at stake when the evidence i…)
  • Commonwealth v. Basking, 970 A.2d 1181 (Pa. Super. Ct. 2009).published 2 cites
    (The polestar of the expanded protection afforded by Article I, Section 8, which distinguishes it from its federal counterpart, is its emphasis upon personal privacy interest.)
  • Commonwealth v. Wilmington, 729 A.2d 1160 (Pa. Super. Ct. 1999).published 6 cites
    (The polestar of the expanded protections afforded by Article I, Section 8, which distinguishes it from its federal counterpart, is its emphasis upon personal privacy interests.)
  • Commonwealth v. Shabezz, S., 166 A.3d 278 (Pa. 2017).published 6 cites
    Commonwealth v. Hawkins, 718 A.2d 265, 267 (Pa. 1998) (citation omitted).
  • Commonwealth v. Enimpah, A., 106 A.3d 695 (Pa. 2014).published 8 cites
    Commonwealth v. Hawkins, 718 A.2d 265, 267 (Pa. 1998) (citation omitted).
  • Commonwealth v. Powell, 994 A.2d 1096 (Pa. Super. Ct. 2010).published 3 cites
    We must next consider, however, the Commonwealth’s last issue in which it asserts that Powell lacked standing to seek suppression of the evidence seized from the Honda’s trunk because he failed to demonstrate that, as a passenger, he had a…
718 A.2d at 268 Evaluating state constitutional protections versus federal standards6 citing casesmaintaining, under Article I, Section 8, consistent with federal Fourth Amendment jurisprudence, a bar on derivative standing, a doctrine that would have allowed the defendant to assert vicariously the privacy interests of another in a suppression motion2 citing courts put it this way
  • Jubelirer v. Rendell, 953 A.2d 514 (Pa. 2008).published 2 cites
    (When asked to decide whether our state Constitution provides greater privileges and protections than the United States Constitution, we evaluate the request in light of the following factorsf.])
  • Com. v. Ginnery, K., No. 322 WDA 2022 (Pa. Super. Ct. Feb. 17, 2023).unpublished
    A defendant is not entitled to suppress evidence based on violation of the constitutional protections against unreasonable searches and seizures unless the evidence was obtained in violation of his own rights. -7- Commonwealth v. Hawkins,…
  • Com. v. Reed, M., No. 1044 MDA 2014 (Pa. Super. Ct. June 23, 2015).unpublished
    Commonwealth v. Hawkins, 718 A.2d 265, 268 (Pa. 1998).
  • Commonwealth v. Gary, 91 A.3d 102 (Pa. 2014).published
    (maintaining, under Article I, Section 8, a bar on derivative standing, consistent with federal Fourth Amendment jurisprudence)
  • Commonwealth v. Johnson, 86 A.3d 182 (Pa. 2014).published
    (maintaining, under Article I, Section 8, consistent with federal Fourth Amendment jurisprudence, a bar on derivative standing, a doctrine that would have allowed the defendant to assert vicariously the privacy interests…)
  • D. Rivera v. Borough of Pottstown & K.A. Place, 349 A.3d 486 (Pa. Commw. Ct. 2025).published
    See Commonwealth v. Hawkins, 718 A.2d 265, 268 (Pa. 1998).
553 Pa. at 81 “such a legitimate expectation of privacy is absent where an owner or possessor meaningfully abdicates his control, ownership or possessory interest.”3 citing cases3 citing courts quote it
  • Com. v. Rivera, O., No. 1131 MDA 2018 (Pa. Super. Ct. Aug. 27, 2019).unpublished
    In order to prevail on a motion to suppress evidence, “a defendant is required to separately demonstrate a personal privacy interest in the area searched or effects seized, and that such interest was actual, societally sanctioned as reason…
  • Com. v. Gray, L., No. 1502 WDA 2013 (Pa. Super. Ct. Dec. 24, 2014).unpublished
    We additionally note that, to the extent Appellant seeks to suppress the handgun and the drugs, our Supreme Court has explained that “[i]n order to prevail on a [suppression] motion, ... a defendant is required to separately demonstrate a…
  • Com. v. Sodomsky, K., No. 870 MDA 2014 (Pa. Super. Ct. June 5, 2015).published
553 Pa. at 84 “The polestar of the expanded protection afforded by Article I, Section 8, which distinguishes it from its federal counterpart, is its emphasis upon personal privacy interest.”2 citing cases2 citing courts quote it
  • Commonwealth v. Basking, 970 A.2d 1181 (Pa. Super. Ct. 2009).published 2 cites
    “The polestar of the expanded protection afforded by Article I, Section 8, which distinguishes it from its federal counterpart, is its emphasis upon personal privacy interest.”
  • Commonwealth v. Wilmington, 729 A.2d 1160 (Pa. Super. Ct. 1999).published 6 cites
    “The polestar of the expanded protections afforded by Article I, Section 8, which distinguishes it from its federal counterpart, is its emphasis upon personal privacy interests.”
553 Pa. at 80 “empowers a defendant to assert a constitutional violation and thus seek to exclude or suppress the government's evidence pursuant to the exclusionary rules under the fourth amendment to the united states constitution or article 1, section 8 of the pennsylvania constitution.”1 citing case3 citing courts quote it
  • Commonwealth v. Rosas, 875 A.2d 341 (Pa. Super. Ct. 2005).published 2 cites
    “This Court has accorded standing automatically, with no preliminary showing of a proprietary or posses-sory interest by the defendant, ... where possession at the time of the contested search and seizure is an essentia…”
553 Pa. at 83 “When asked to decide whether our state Constitution provides greater privileges and protections than the United States Constitution, we evaluate the request in light of the following factorsf.]”1 citing case1 citing court quotes it
  • Jubelirer v. Rendell, 953 A.2d 514 (Pa. 2008).published 2 cites
    “When asked to decide whether our state Constitution provides greater privileges and protections than the United States Constitution, we evaluate the request in light of the following factorsf.]”
Other citing cases2 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
COMMONWEALTH of Pennsylvania, Appellee,
v.
Raphieal Lamon HAWKINS, Appellant
91 W.D. Appeal Docket 1997.
Supreme Court of Pennsylvania.
Aug 19, 1998.
Published opinion
718 A.2d 265
Ralph D. Karsh, Pittsburgh, for Raphieal Lamon Hawkins., Claire C. Capristo, Robert A. Willig, Pittsburgh, for Com.
Flaherty, Zappala, Cappy, Castille, Nigro, Newman, Saylor.
Cited by 85 opinions  |  Published
4 passages pin-cited by 4 cases
Pinpoint authority: #25,306 of 633,719
Citer courts: Superior Court of Pennsylvania (4) · Supreme Court of Pennsylvania (1)

OPINION

SAYLOR, Justice.

Appellant Raphieal Lamon Hawkins (“Hawkins”) claims that the Superior Court erred in affirming the trial court’s denial of his motion to suppress drugs seized from his codefendant.

On April 22, 1995, Officer Larry Scirotto of the City of Pittsburgh Police Department was on foot patrol in an area known for drug activity. While in a restaurant on Federal Street, Officer Scirotto observed Hawkins and another individual, Regis Hankowitz (“Hankowitz”), walking in close proximity. When Hawkins reached an intersection, he stopped, scanned the cross-streets, then returned to speak with Hankowitz. As the men conversed at a distance of approximately 35 to 50 feet from Officer Scirotto’s position, Hawkins reached toward his mouth, produced several objects and displayed[*79] them to Hankowitz. After looking at the objects, Hankowitz placed them into his own mouth. Hankowitz then handed currency to Hawkins, after which the men parted company.

Immediately after the transaction, Officer Scirotto apprehended Hankowitz and requested that he remove the objects from his mouth. When Hankowitz refused, Officer Scirotto applied pressure to Hankowitz’s throat to prevent him from swallowing. Hankowitz then spit out three balloons containing a total of .11 grams of heroin. Another officer apprehended and searched Hawkins, confiscating $93.00 in cash. Hawkins was arrested and charged with unlawful possession of a controlled substance, possession with intent to deliver a controlled substance, and unlawful delivery of a controlled substance. 35 P.S. § 780-113(a)(16), (30).

Prior to trial, Hawkins filed a motion to suppress the currency seized from him, as well as the heroin taken from Hankowitz. At the suppression hearing, Officer Scirotto described his observations and actions, including the transfer of the drugs from Hawkins and the subsequent seizure from Hankowitz. Hawkins offered no testimony or other evidence. At the conclusion of the hearing, the trial court ruled that the currency and associated testimony would not be allowed into evidence at trial, as the Commonwealth failed to present testimony from the officer who conducted the search of and seizure from Hawkins. The court declined, however, to suppress evidence related to the heroin seized from Hankowitz.

After a jury trial, Hawkins was convicted on all three counts. At sentencing, the trial court merged the offenses and imposed a term of incarceration of 16 to 32 months.

On appeal, the Superior Court affirmed. The Superior Court found that, as a party charged with a possessory offense, Hawkins had automatic standing to seek suppression of the evidence related to the seizure from Hankowitz. However, the court reasoned that Hawkins’ abandonment of the heroin, together with his failure to establish a reasonable expectation of privacy in the contraband once he transferred it to Hankowitz, was fatal to his claim.

[*80] Hawkins asserts that this was error. He argues that the merits of his appeal should not have been decided upon privacy grounds once his standing was acknowledged. Alternatively, Hawkins argues that criminal defendants, as a matter of state constitutional jurisprudence, should be able to vicariously assert privacy interests belonging to others in order to challenge allegedly intrusive police conduct.

The concept of standing in a criminal search and seizure context empowers a defendant to assert a constitutional violation and thus seek to exclude or suppress the government’s evidence pursuant to the exclusionary rules under the Fourth Amendment of the United States Constitution or Article 1, Section 8 of the Pennsylvania Constitution. See generally Commonwealth v. Price, 543 Pa. 403, 411-12, 672 A.2d 280, 284 (1996); Commonwealth v. Peterson, 535 Pa. 492, 497, 636 A.2d 615, 617 (1993); Sprague v. Casey, 520 Pa. 38, 43, 550 A.2d 184, 187 (1988). The traditional formulation for standing requires a defendant to demonstrate one of the following personal interests:

(1) his presence on the premises at the time of the search and seizure; (2) a possessory interest in the evidence improperly seized; (3) that the offense charged include[s] as an essential element of the prosecution’s case, the element of possession at the time of the contested search and seizure; or (4) a proprietary or possessory interest in the searched premises.

Commonwealth v. Peterkin, 511 Pa. 299, 309, 513 A.2d 373, 378 (1986) (citing Commonwealth v. Treftz, 465 Pa. 614, 621-22, 351 A.2d 265, 268, cert. denied, 426 U.S. 940, 96 S.Ct. 2658, 49 L.Ed.2d 392 (1976)), cert. denied, 515 U.S. 1137, 115 S.Ct. 2569, 132 L.Ed.2d 821 (1987). This Court has accorded standing automatically, with no preliminary showing of a proprietary or possessory interest by the defendant, in the third of these circumstances, namely, where possession at the time of the contested search and seizure is an essential element of the prosecution’s case. See Peterkin, 511 Pa. at 309, 513 A.2d at 378; Treftz, 465 Pa. at 622 & n. 8, 351 A.2d at 268 & n. 8; see generally Peterson, 535 Pa. at 497, 636 A.2d at 617.

[*81] This doctrine of automatic standing has its genesis in the decisions of the United States Supreme Court. See Jones v. United States, 362 U.S. 257, 264, 80 S.Ct. 725, 732-33, 4 L.Ed.2d 697 (1960), cited in Commonwealth v. Weeden, 457 Pa. 436, 449, 322 A.2d 343, 349-51 (1974), cert. denied, 420 U.S. 937, 95 S.Ct. 1147, 43 L.Ed.2d 414 (1975). As a matter of Fourth Amendment jurisprudence, however, the United States Supreme Court has abandoned the construct in favor of a requirement that a defendant establish a legitimate expectation of privacy in the invaded place as a predicate to standing. See United States v. Salvucci, 448 U.S. 83, 85, 100 S.Ct. 2547, 2549, 65 L.Ed.2d 619 (1980).

While this Court has stated that automatic standing maintains continued vitality under Article 1, Section 8 of the Pennsylvania Constitution, see Commonwealth v. Sell, 504 Pa. 46, 66-68, 470 A.2d 457, 468-69 (1988); see also Peterson, 535 Pa. at 497, 636 A.2d at 617, these decisions have recognized that the essential effect is to entitle a defendant to an adjudication of the merits of a suppression motion. See id. at 497, 636 A.2d at 617. In order to prevail on such a motion, however, a defendant is required to separately demonstrate a personal privacy interest in the area searched or effects seized, and that such interest was “actual, societally sanctioned as reasonable, and justifiable.” Peterson, 535 at 497, 686 A.2d at 617. [1] Such a legitimate expectation of privacy is absent where an owner or possessor meaningfully abdicates[*82] his control, ownership or possessory interest. Sell, 504 at 67, 470 A.2d at 469.

In this case, while acknowledging his initial standing to seek suppression, the Superior Court correctly determined that Hawkins abandoned any personal privacy interest upon transferring the contraband to Hankowitz. [2] Moreover, Hawkins simply cannot demonstrate, and it would be frivolous to assert, an expectation of privacy in the situs from which the contraband was seized, namely, the mouth of his codefendant. Even if a subjective expectation could be claimed, such an expectation would not be objectively reasonable. See generally Commonwealth v. Mickens, 409 Pa.Super. 266, 597 A.2d 1196 (1991) (finding that a defendant had no reasonable expectation of privacy following drug delivery); Commonwealth v. Bulling, 331 Pa.Super. 84, 480 A.2d 254 (1984) (finding that, by selling heroin, the defendant relinquished his possessory interest, and, correspondingly, the right to object to the seizure). [3]

Since Hawkins lacked a legitimate expectation of privacy, his suppression motion was properly denied.

Finally, Hawkins argues that, notwithstanding the absence of a personal privacy interest, criminal defendants[*83] should be permitted to vicariously assert the privacy interests of others in order to dissuade intentional, intrusive police conduct. This concept of derivative standing would involve an extension of the exclusionary rule under Article 1, Section 8 to all unreasonable government intrusions, regardless of whether the intrusion affects the personal privacy rights of the defendant.

Preliminarily, we note that the United States Supreme Court has declined to apply the federal exclusionary rule to constitutional violations that are not personal to the defendant. [4] See Jones, 362 U.S. at 261, 80 S.Ct. at 731 (stating that “[i]n order to qualify as a ‘person aggrieved by an unlawful search and seizure’ one must have been a victim of a search or seizure, one against whom the search was directed, as distinguished from one who claims prejudice only through the use of evidence gathered as a consequence of a search or seizure directed at someone else”); see also Rawlings v. Kentucky, 448 U.S. 98, 104, 100 S.Ct. 2556, 2561, 65 L.Ed.2d 633 (1980); Rakas, 439 U.S. at 133-34, 99 S.Ct. at 425. When asked to decide whether our state Constitution provides greater privileges and protections than the United States Constitution, we evaluate the request in light of the following factors: 1) the text of the Pennsylvania constitutional provision; 2) the history of the provision, including Pennsylvania case law; 3) related case law from other states; and 4) policy considerations,[*84] including unique issues of state and local concern, and applicability within modern Pennsylvania jurisprudence. Commonwealth v. Edmunds, 526 Pa. 374, 390, 586 A.2d 887, 895 (1991).

Article 1, Section 8 provides:

Security from Searches and Seizures

The people shall be secure in their persons, houses, papers and possessions from unreasonable searches and seizures, and no warrant to search any place or to seize any person or things shall issue without describing them as nearly as may be, nor without probable cause, supported by oath or affirmation subscribed to by the affiant.

Article 1, Section 8 is similar in locution to the Fourth Amendment. [5] Neither text suggests that the rights protected thereby are other than personal.

The polestar of the expanded protection afforded by Article 1, Section 8, which distinguishes it from its federal counterpart, is its emphasis upon personal privacy interests. See Edmunds, 526 Pa. at 394, 586 A.2d at 897; White, 459 Pa. at 88, 327 A.2d at 42. In keeping with the historical intention of Article 1, Section 8, this Court has repeatedly refused to recognize the vicarious assertion of constitutional rights. See, e.g., In Re: Search Warrant B-21778, 513 Pa. 429, 439, 521 A.2d 422, 427 (1987); cf. Commonwealth v. Brown, 462 Pa. 578, 342 A.2d 84 (1975); Commonwealth v. Stafford, 450 Pa. 252, 299 A.2d 590, cert. denied, 412 U.S. 943, 93 S.Ct. 2775, 37 L.Ed.2d 404 (1973); Commonwealth v. Butler, 448 Pa. 128, 291 A.2d 89 (1972).

This Court’s interpretation of Article 1, Section 8 as establishing a personal right is consistent with the interpretation other appellate courts have given similar provisions of their[*85] states’ constitutions. Moreover, numerous states have refused to recognize the vicarious assertion of constitutional rights. [6]

Finally, in consistently declining to recognize derivative standing, this Court has spoken directly to the policy considerations underlying Article 1, Section 8:

The fourth amendment to the Constitution of the United States guarantees that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” To the same effect is Pa. Const. art. I, § 8, P.S. These rights are personal in nature. “There is no necessity to exclude evidence against one [person] in order to protect the rights of another. No rights of the victim of an illegal search are at stake when the evidence is offered against some other party.” In order to obtain standing to challenge the legality[*86] of the search, [a defendant] must establish that he, rather than [another], was the victim of an invasion of privacy.

White, 459 Pa. at 88-89, 327 A.2d at 42 (citations omitted); cf. Alderman, 394 U.S. at 174-75, 89 S.Ct. at 967 (stating that “we are not convinced that the additional benefits of extending the exclusionary rule to other defendants would justify further encroachment upon the public interest in prosecuting those accused of crime and having them acquitted or convicted on the basis of all the evidence which exposes the truth”). Subsequent decisions have maintained the focus of the exclusionary rule under Article 1, Section 8 upon personal privacy interests, and preserved the requirement that a defendant must establish a legitimate expectation of privacy in order to avail himself of the exclusionary rule. [7] See, e.g., Sell, 504 Pa. at 67, 470 A.2d at 469; Peterson, 535 Pa. at 498; 636 A.2d at 618.

In sum, Hawkins lacked a legitimate privacy expectation necessary to his claim for relief. Accordingly, the order of the Superior Court is affirmed.

1

. A legitimate expectation of privacy is present when there is both a subjective privacy expectation coupled with objective reasonableness. See Commonwealth v. Brundidge, 533 Pa. 167, 173, 620 A.2d 1115, 1118 (1993). This Court has recognized that:

[a]n individual's effects and possessions are constitutionally protected from unreasonable search and seizure as well as his person. U.S. Const.Amend. IV, Pa. Const. art. 1, § 8. This protection does not depend on the physical presence or physical absence of the individual owner. So long as a person seeks to preserve his effects as private, even if they are accessible to ... others, they are constitutionally protected. Stated differently, a person must maintain the privacy of his possessions in such a fashion that his expectations of freedom from intrusion are recognized as reasonable.

Sell, 504 Pa. at 67, 470 A.2d at 468-69 (quoting Commonwealth v. White, 459 Pa. 84, 89-90, 327 A.2d 40, 42 (1974), cert. denied, 421 U.S. 971, 95 S.Ct. 1967, 44 L.Ed.2d 461 (1975)) (emphasis in original).

2

. In fact, it is questionable whether Hawkins possessed automatic standing in the first instance. This is so because Hawkins was not charged with an offense that included as an essential element possession at the time of the contested seizure. See Peterkin, 511 Pa. at 309, 513 A.2d at 378; Treftz, 465 Pa. at 621-22, 351 A.2d at 268; cf. Brown v. United States, 411 U.S. 223, 229, 93 S.Ct. 1565, 1569, 36 L.Ed.2d 208 (1973). Rather, the charged offenses were of possession prior to the time of the search of Hawkins' codefendant. This is clear from the fact that the Commonwealth contended throughout that Hankowitz purchased the heroin prior to the search, thereby terminating Hawkins’ possession and control over the contraband. As Hawkins' suppression motion lacks a separate essential element, see infra, we need not devote further discussion to the standing inquiry in this case.

3

. Rather, Hawkins couches his argument on the privacy issue in terms of waiver, contending that the Commonwealth’s focus upon standing essentially relieved him of the requirement to establish a personal privacy interest. Since, however, our cases place the burden squarely upon the defendant seeking suppression to establish a legitimate expectation of privacy as an essential element of his case, waiver simply is not an issue here.

4

. The exclusionary rule under the Fourth Amendment, like the rule under Article 1, Section 8, provides a remedy to protect the rights created by the constitution. See Commonwealth v. Edmunds, 526 Pa. 374, 395-96 n. 10, 586 A.2d 887, 898 n. 10 (1991). However, the Fourth Amendment's exclusionary rule has been construed by the United States Supreme Court as serving solely a deterrent purpose, United States v. Leon, 468 U.S. 897, 916, 104 S.Ct. 3405, 3417, 82 L.Ed.2d 677 (1984), whereas the exclusionary rule under Article 1, Section 8 has been interpreted by this Court to serve the purposes of safeguarding privacy and ensuring that warrants shall be issued only upon probable cause. Id. at 389, 586 A.2d at 899. Nevertheless, the deterrent purpose that underlies the Fourth Amendment’s exclusionary rule has been deemed an insufficient basis for suppression in the context of vicarious challenges to unlawfully seized evidence. See Rakas v. Illinois, 439 U.S. 128, 137-38, 99 S.Ct. 421, 427, 58 L.Ed.2d 387 (1978); Alderman v. United States, 394 U.S. 165, 174-75, 89 S.Ct. 961, 967, 22 L.Ed.2d 176 (1969).

5

. The Fourth Amendment provides:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing a place to be searched, and the persons or things to be seized.
6

. See, e.g., In Re: Lance W., 37 Cal.3d 873, 210 Cal.Rptr. 631, 694 P.2d 744 (1985) (finding that a defendant lacks standing under the California Constitution to challenge the introduction of evidence seized in violation of the rights of a third person); State v. Hill, 237 Conn. 81, 675 A.2d 866 (1996) (employing the federal framework for standing); State v. Brown, 113 Idaho 480, 745 P.2d 1101 (App.1987) (search must violate defendant’s own constitutional rights); Commonwealth v. Scardamaglia, 410 Mass. 375, 573 N.E.2d 5 (1991) (declining to extend target standing under the state constitution, but leaving open whether such standing may be appropriate in situations involving particularly egregious police conduct); State v. Nichols, 628 S.W.2d 732 (Mo.App.1982) (employing the federal framework for standing under Missouri Constitution); State v. Benjamin, 417 N.W.2d 838 (N.D.1988) (declining to permit target standing under the North Dakota Constitution); State v. Mollica, 114 N.J. 329, 554 A.2d 1315 (1989) (noting that automatic standing does not permit a defendant to challenge prior or antecedent state action directed against another person); State v. Fernandez, 113 N.H. 5, 300 A.2d 55 (1973) (defendant cannot complain about the use of evidence that was not obtained in violation of her rights); People v. Tejada, 81 N.Y.2d 861, 597 N.Y.S.2d 626, 613 N.E.2d 532 (1993) (defendant must establish that he himself was the victim of an invasion of privacy); State v. Greenwood, 301 N.C. 705, 273 S.E.2d 438 (1981) (immunity from unreasonable searches and seizures is a privilege personal to those whose rights have been infringed); State v. McGoff, 517 A.2d 232 (R.I.1986) (employing the federal framework for standing in determining whether the state constitution provides greater privacy protection). In those instances where a derivative privacy right has been recognized, the right has been specifically set forth in the state’s Constitution, see, e.g., Lou. Const. art. 1 § 5, or limited to gross or shocking misconduct or deliberate constitutional violations. See, e.g., Waring v. State, 670 P.2d 357, 363 (Alaska 1983).

7

. Notably, our rules of criminal procedure, following this logic, are crafted to address violations that are personal in nature rather than vicarious. See, e.g., Pa.R.Crim.P. 323(a) (permitting a motion to suppress evidence "alleged to have been obtained in violation of the defendant’s rights”).