automatic standing rule (Michigan) · Go Syfert
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automatic standing rule in Michigan

5 Michigan opinions name it 2 courts 1981–1986 0 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (0)

CaseFollowedCited
No positive-treatment citations attached to this issue in Michigan.

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (7)

CaseCitedYears
United States v. Salvucci green
scotus · 1980
2 sentences

1986With its decision in United States v Salvucci, supra, released in 1980, the United States Supreme Court had clearly abandoned the automatic standing rule relied upon in People v Godwin, and the Michigan Supreme Court had not responded to that decision at the time defendant committed his offense or at the time of his trial.

1984Recognizing that the automatic standing rule of Jones v United States, 362 US 257 ; 80 S Ct 725 ; 4 L Ed 2d 697 (1960), for cases like the present one, had been overruled by United States v Salvucci, 448 US 83 ; 100 S Ct 2547 ; 65 L Ed 2d 619 (1980), the Court of Appeals nonetheless concluded that it "is still applicable in Michigan as it provides greater protection to the citizens of this state from unreasonable searches and seizures.” People v Smith, 118 Mich App 366, 374 ; 325 NW2d 429 (1982).

31982–1986
People v. Smith green
mich · 1984
2 sentences

1986People v Smith, 420 Mich 1, 20-21 ; 360 NW2d 841 (1984).

1986People v Smith, 420 Mich 1, 20-21 ; 360 NW2d 841 (1984).

11986–1986
State v. Settle green
nh · 1982
1 sentence

1984The rationale was twofold: a construction of the Washington Constitution, 25 and a concern that the right against self- *45 incrimination was inadequately protected by the rule announced in Simmons . 26 In State v Settle, 122 NH 214; 447 A2d 1284 (1982), the Supreme Court of New Hampshire retained the automatic standing rule for possessory crimes pursuant to the New Hampshire constitutional provision regulating searches and seizures, which, like Michigan’s constitutional provision, 27 protects "possessions” from unreasonable *46 searches and seizures.

11984–1984
People v. Smith green
michctapp · 1982
2 sentences

1984Recognizing that the automatic standing rule of Jones v United States, 362 US 257 ; 80 S Ct 725 ; 4 L Ed 2d 697 (1960), for cases like the present one, had been overruled by United States v Salvucci, 448 US 83 ; 100 S Ct 2547 ; 65 L Ed 2d 619 (1980), the Court of Appeals nonetheless concluded that it "is still applicable in Michigan as it provides greater protection to the citizens of this state from unreasonable searches and seizures.” People v Smith, 118 Mich App 366, 374 ; 325 NW2d 429 (1982).

1984Recognizing that the automatic standing rule of Jones v United States, 362 US 257 ; 80 S Ct 725 ; 4 L Ed 2d 697 (1960), for cases like the present one, had been overruled by United States v Salvucci, 448 US 83 ; 100 S Ct 2547 ; 65 L Ed 2d 619 (1980), the Court of Appeals nonetheless concluded that it "is still applicable in Michigan as it provides greater protection to the citizens of this state from unreasonable searches and seizures.” People v Smith, 118 Mich App 366, 374 ; 325 NW2d 429 (1982).

11984–1984
Jones v. United States red
scotus · 1960
2 sentences

1984Recognizing that the automatic standing rule of Jones v United States, 362 US 257 ; 80 S Ct 725 ; 4 L Ed 2d 697 (1960), for cases like the present one, had been overruled by United States v Salvucci, 448 US 83 ; 100 S Ct 2547 ; 65 L Ed 2d 619 (1980), the Court of Appeals nonetheless concluded that it "is still applicable in Michigan as it provides greater protection to the citizens of this state from unreasonable searches and seizures.” People v Smith, 118 Mich App 366, 374 ; 325 NW2d 429 (1982).

1984Recognizing that the automatic standing rule of Jones v United States, 362 US 257 ; 80 S Ct 725 ; 4 L Ed 2d 697 (1960), for cases like the present one, had been overruled by United States v Salvucci, 448 US 83 ; 100 S Ct 2547 ; 65 L Ed 2d 619 (1980), the Court of Appeals nonetheless concluded that it "is still applicable in Michigan as it provides greater protection to the citizens of this state from unreasonable searches and seizures.” People v Smith, 118 Mich App 366, 374 ; 325 NW2d 429 (1982).

11984–1984
Alderman v. United States green
scotus · 1969
2 sentences

1981Coconspirators have been held to possess no special standing. *58 Alderman v United States, 394 US 165, 172 ; 89 S Ct 961 ; 22 L Ed 2d 176 (1969), People v Atkins, 96 Mich App 672, 678 ; 293 NW2d 671 (1980).

1981Coconspirators have been held to possess no special standing. *58 Alderman v United States, 394 US 165, 172 ; 89 S Ct 961 ; 22 L Ed 2d 176 (1969), People v Atkins, 96 Mich App 672, 678 ; 293 NW2d 671 (1980).

11981–1981
People v. Atkins green
michctapp · 1980
2 sentences

1981Coconspirators have been held to possess no special standing. *58 Alderman v United States, 394 US 165, 172 ; 89 S Ct 961 ; 22 L Ed 2d 176 (1969), People v Atkins, 96 Mich App 672, 678 ; 293 NW2d 671 (1980).

1981Coconspirators have been held to possess no special standing. *58 Alderman v United States, 394 US 165, 172 ; 89 S Ct 961 ; 22 L Ed 2d 176 (1969), People v Atkins, 96 Mich App 672, 678 ; 293 NW2d 671 (1980).

11981–1981

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 750.535 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

WA 35 (1980–2019) NY 28 (1972–2015) MA 25 (1988–2021) NJ 17 (2001–2024) FL 11 (1980–2006) IL 11 (1980–1995) PA 9 (1989–2024) CT 7 (1996–2008) AL 7 (1980–1983) WI 5 (1981–2007) MS 5 (1982–2023) MI 5 (1981–1986) ND 5 (1980–1993) NH 5 (1982–1999) MT 4 (1979–2018) HI 3 (2002–2007) VT 3 (1991–2011) MN 3 (1982–1999) OH 3 (1995–2025) CA 3 (1985–1990) TX 2 (1975–2004) TN 2 (1982–1982) IN 2 (1981–1989) IA 2 (1979–2015) KY 2 (1979–1980) MD 2 (1976–1981) OR 2 (1980–1981) RI 2 (1980–1981) CO 2 (1980–1985)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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