Search, Seizure, and Section 7: Standing from Salvucci to Simpson

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Seattle University Law Review, Vol: 6, Issue: 1, Page: 1

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Adams, Mark H.; Nock, George R.
automatic standing; search; seizure; Washington; Civil Procedure; Constitutional Law; Criminal Law
article description
This article traces the evolution of automatic standing from Jones v. United States to United States v. Salvucci and discusses the approach that has replaced the Jones rule in the Supreme Court. It then discusses the Washington Supreme Court’s continued adherence to the automatic standing rule, despite the Salvucci decision, under the Washington Constitution rather than the fourth amendment. After focusing on the failure of the United States Supreme Court to fashion a standing rule consistent with the Court’s stated purpose for the exclusionary rule, this article urges the Washington court to interpret the state’s constitution in a more consistent, principled fashion. This article concludes that the Washington court should adopt a policy to preserve the underlying privacy values of the Washington constitution for the principled development of its standing rule in the best tradition of American federalism and jurisprudence.