People v. Smith

325 N.W.2d 429, 118 Mich. App. 366
CourtMichigan Court of Appeals
DecidedJuly 21, 1982
DocketDocket 51035
StatusPublished
Cited by10 cases

This text of 325 N.W.2d 429 (People v. Smith) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Smith, 325 N.W.2d 429, 118 Mich. App. 366 (Mich. Ct. App. 1982).

Opinions

D. C. Riley, P.J.

Defendant was charged with receiving stolen property. MCL 750.535; MSA 28.803. At an evidentiary hearing, the trial court granted defendant’s motion to suppress the evidence discovered by the police as a result of the seizure of a trailer displaying license plates regis[369]*369tered to the defendant. The people appeal as of right.

On November 14, 1979, a Federal Bureau of Investigation (FBI) agent, a Michigan State police officer (trooper), and a Wayne County prosecutor investigator (investigator) went to 18883 Gainsborough, the residence of an associate of the defendant. The purpose of the visit was to investigate a shipment of stolen vehicle transmissions which had been delivered to Dallas, Texas. The investigator had received information that the transmissions had been delivered by two trucks; a black Kenworth and a red and white Peterbilt, both of which were pulling new, clean, silver-in-color trailers. Payment for the transmissions was by four checks made payable to defendant and his associate.

After the officers unsuccessfully attempted to locate defendant and his associate at the Gainsborough address, they drove away. Upon reaching the intersection of Avon and Grand River Avenue, approximately two blocks from the Gainsborough address, two tractors and trailers were spotted which fit the description of those used to deliver the stolen items. The Kenworth tractor was attached to one of the trailers (hereinafter, trailer #2). The Peterbilt tractor was parked directly in front of, but not attached to, the other trailer (hereinafter, trailer #1). While trailer #2 was in fact owned by defendant, trailer #1 was later found to be stolen and the charge against defendant involves only trailer #1.

A radio check was made as to the registration of the license plate on trailer #1. The plate was registered in defendant’s name to a 1978 Fruehauf trailer bearing the same vehicle registration number (VIN) attached to trailer #2. The officers [370]*370observed that the VIN plate which should have been located on the left front of trailer #1 had been removed.

The investigator went to a police station in an unsuccessful attempt to contact someone from the commercial auto theft section who would know the location of the hidden or secret VIN. He then called the Fruehauf manufacturer to determine the number’s location. Within an hour or an hour and one-half, he returned to the parking lot where the state trooper had remained. They were unable to locate the VIN in the location described by the alleged manufacturer. Comparing the physical appearance of trailer #2, a confirmed Fruehauf trailer, and trailer #1, the investigator concluded that trailer # 1 was not a Fruehauf trailer. It was later determined that trailer #1 was manufactured by Trailmobile and the hidden VIN was in a different location than Fruehaufs. A tow truck was called and, upon its arrival within one and one-half hours, trailer #1 was removed to the police pound. Its true identity was established and it was determined that trailer # 1 had been stolen.

The prosecutor appeals after the trial court granted defendant’s motion to suppress this evidence. The people’s first argument on appeal is that the defendant does not have a reasonable expectation of privacy in the stolen trailer such that he has standing to object to its seizure.

As a general rule, this Court will not review an issue raised for the first time on appeal. See People v Obadele, 58 Mich App 139, 142, fn 2; 227 NW2d 259 (1975). However, this rule is not inflexible and, where consideration of a claim not previously raised is necessary to a proper determination of the case, the issue will be considered. People v Harris, 95 Mich App 507, 509; 291 NW2d 97 [371]*371(1980). In the present case, the prosecutor raises, for the first time, the issue regarding defendant’s standing to object to the seizure of the trailer.

Standing is legalese to denote the requirement that a party in a lawsuit have a sufficient personal interest in the outcome so that the case is fairly, fully, and vigorously litigated. "[W]hen standing is placed in issue in a case, the question is whether the person whose standing is challenged is a proper party to request an adjudication of a particular issue.” Flast v Cohen, 392 US 83, 99-100; 88 S Ct 1942; 20 L Ed 2d 947 (1968). Standing to object to the introduction of the evidence is based on the Fourth Amendment of the United States Constitution and Const 1963, art 1, § 11. The constitutional rights involved may only be asserted by the appropriate party and not vicariously. Alderman v United States, 394 US 165, 174; 89 S Ct 961; 22 L Ed 2d 176 (1969). Therefore, the defendant only has standing to contest the constitutionality of the seizure of the trailer if his rights were infringed upon.

There are three major federal cases which must be examined when a criminal defendant’s standing to object to the introduction of evidence is in issue: Jones v United States, 362 US 257; 80 S Ct 725; 4 L Ed 2d 697 (1960); Rakas v Illinois, 439 US 128; 99 S Ct 421; 58 L Ed 2d 387 (1978); and United States v Salvucci, 448 US 83; 100 S Ct 2547; 65 L Ed 2d 619 (1980). Jones laid down two separate bases upon which to predicate standing. That Court wrote "that anyone legitimately on premises where a search occurs may challenge its legality by way of a motion to suppress, when its fruits are proposed to be used against him”. 362 US 267. The second basis created in Jones became known as "automatic standing”. This phrase embodies the [372]*372rule that a defendant has standing to contest a search or seizure whenever the offense for which he is charged has as an essential element possession of the seized evidence at the time of the challenged search and seizure.

The Jones rule granting standing for anyone legitimately on the premises at the time of the search and seizure was struck down in Rakas, supra, 142. This half of the Jones case was replaced with a standard which considers whether the party had a legitimate expectation of privacy in the searched or seized item. Rakas, supra, 143.

The automatic standing rule of Jones was reevaluated by the United States Supreme Court in Salvucci. Justice Rehnquist wrote for the majority stating: "Today we hold that defendants charged with crimes of possession may only claim the benefits of the exclusionary rule if their own Fourth Amendment rights have in fact been violated. The automatic standing rule of Jones v United States, supra, is therefore overruled.” Salvucci, supra, 85. The Salvucci majority requires a factual finding that the party opposing the search have a legitimate expectation of privacy in the area searched. Id., 92.

In the case at bar, the prosecutor argues that the defendant does not have standing to object to the introduction of the evidence, as he did not have a legitimate expectation of privacy in the stolen trailer while it was parked on the lot. Defendant notes that Rakas and Salvucci are not binding on Michigan courts and, therefore, he has standing because he is charged with a crime where possession of the goods is an essential element. This Court is faced for the first time with deciding [373]*373whether or not the automatic standing rule is still viable in Michigan after Salvucci.1

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Barr
402 N.W.2d 489 (Michigan Court of Appeals, 1986)
People v. Chapman
387 N.W.2d 835 (Michigan Supreme Court, 1986)
Peoples v. State
510 So. 2d 554 (Court of Criminal Appeals of Alabama, 1986)
People v. Smith
360 N.W.2d 841 (Michigan Supreme Court, 1984)
People v. Catey
356 N.W.2d 241 (Michigan Court of Appeals, 1984)
People v. Julkowski
335 N.W.2d 47 (Michigan Court of Appeals, 1983)
People v. Davis
333 N.W.2d 99 (Michigan Court of Appeals, 1983)
People v. Boykin
327 N.W.2d 351 (Michigan Court of Appeals, 1982)
People v. Smith
325 N.W.2d 429 (Michigan Court of Appeals, 1982)
People v. Grainger
324 N.W.2d 762 (Michigan Court of Appeals, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
325 N.W.2d 429, 118 Mich. App. 366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-smith-michctapp-1982.