PEOPLE v. SMITH

Docket No. 69449, (Calendar No. 12).

420 Mich. 1 (1984)

360 N.W.2d 841

PEOPLE v. SMITH

Supreme Court of Michigan.

Decided December 28, 1984.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, John D. O'Hair, Prosecuting Attorney, Edward Reilly Wilson, Deputy Chief, Civil and Appeals, and Timothy A. Baughman, Principal Attorney, Appeals, for the people.

Warren D. Bracy for the defendant.


WILLIAMS, C.J.

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,...

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