People v. Lorey
People v. Lorey
Opinion of the Court
Defendant appeals as of right from jury convictions of five counts of possession with intent to deliver five different types of controlled substances, MCL 333.7403(2)(a)(iv); MSA 14.15(7403)(2)(a)(iv) and MCL 333.7403(2)(b); MSA 14.15(7403)(2)(b). He was sentenced on July 27, 1984, to five concurrent terms of from one to four years in prison, receiving credit for twenty-five days served. We affirm.
Prior to trial, defendant filed a motion to suppress evidence of the controlled substances confiscated by the police from Room 30 of the Airport Motel in Detroit. It is undisputed that the police did not have a warrant to search the motel room. In support of his motion to suppress, defendant argued, as he argues on appeal, that the search was not justified under any of the established
On December 28, 1984, the Michigan Supreme Court released its decision in People v Smith, 420 Mich 1; 360 NW2d 841 (1984), expressly adopting the standing test applied by the federal courts in search and seizure cases. US Const, Am IV. Presently, standing to challenge a search without a warrant under the Michigan or United States Constitution exists only where the individual has a reasonable expectation of privacy in the premises searched. People v Smith, supra, pp 25-26; United States v Salvucci, 448 US 83; 100 S Ct 2547; 65 L Ed 2d 619 (1980). Since defendant in this case was merely visiting Breedlove’s motel room at the time the search was conducted, defendant is, under Smith, without standing to challenge the seizure and admission into evidence of drugs confiscated from that room.
Defendant argues that the rule announced in Smith should be given prospective application only and thus should not bar his ability to challenge the search in the instant case. Under the old rule, defendant would have automatic standing to-challenge the search of the motel room since an essen
The general rule, however, is that judicial decisions are applied retroactively unless the decision overrules prior law or reconstrues a statute, in which case retroactivity may be somewhat limited. "Complete prospective application has generally been limited to decisions which overrule clear and uncontradicted case law.” Hyde v University of Michigan Bd of Regents, 426 Mich 223; 393 NW2d 847 (1986). Although it is true, as argued by defendant, that Smith overruled People v Godwin, supra, it is not true that the case law prior to Smith was clear and uncontradicted as to search and seizure standing. With 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. We thus are not persuaded that Smith should be prospectively applied.
However, because Smith did overrule People v Godwin, we find that its retroactivity should be limited to those cases commenced after December 28, 1984, and to those cases pending on appeal as of December 28, 1984, in which the issue had been properly raised at trial. Such limited retroactivity comports with the three-pronged test set forth in People v Hampton, 384 Mich 669; 187 NW2d 404 (1971), for determining whether a judicial decision overruling prior law should be retroactively or
The trial court did not err in denying defendant’s motion to suppress. Although the trial court did not expressly base its decision on the standing issue, standing was clearly raised and considered below. There is no dispute that Room 30 was never registered to, occupied or possessed by defendant in this case. Because defendant is without standing to challenge the search of Room 30, we need not consider whether the search was justified under exigent circumstances.
Affirmed.
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