(DOWNLOAD) "People State Michigan v. Lee Brady Smith" by Supreme Court of Michigan # eBook PDF Kindle ePub Free
eBook details
- Title: People State Michigan v. Lee Brady Smith
- Author : Supreme Court of Michigan
- Release Date : January 28, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 94 KB
Description
The issue in this case is what should be the proper test for standing to seek suppression of illegally seized evidence where the requirements for both standing and the offense charged involve proof of a possessory interest. This issue relates to the police seizure of a stolen trailer from the open access parking lot of an abandoned restaurant. As to whether the defendant in this case has standing to challenge the search and seizure of that trailer, due to the inadequacy of the record we think it appropriate to remand this case to the trial court for a new suppression hearing. In addition, since the determination of the standing issue may make it unnecessary to resolve a second issue of whether the evidence resulting from the seizure should have been excluded, we will not reach this latter issue. Defendant claimed ""automatic standing,"" citing People v Godwin, 94 Mich App 286; 288 NW2d 354 (1979), and arguing that because Const 1963, art 1, § 11 varies slightly from US Const, Am IV, it requires a more liberal interpretation. 1 Godwin relied on Jones v United States, 362 U.S. 257; 80 S Ct 725; 4 L Ed 2d 697 (1960). Plaintiff contended that the test of ""reasonable expectation of privacy"" set forth in United States v Salvucci, 448 U.S. 83; 100 S Ct 2547; 65 L Ed 2d 619 (1980), which overruled the ""automatic standing"" test of Jones, applies.