United States v. Salvucci (1980)
| United States v. Salvucci | |
|---|---|
 | |
| Argued March 26, 1980 Decided June 25, 1980 | |
| Full case name | United States v. John Salvucci |
| Citations | 448 U.S. 83 (more) |
| Case history | |
| Prior | UNITED STATES OF AMERICA, APPELLANT, v. JOHN M. SALVUCCI, JR., JOSEPH G. Zackular, 1979 United States Court of Appeals, First Circuit 599 F.2d at 1098 |
| Subsequent | Reversed and remanded |
| Holding | |
| Mere possession of a seized good during an illegal search does not automatically entitle a person to file a Fourth Amendment deprivation claim. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Rehnquist, joined by Stevens, White, Stewart, Powell, Burger, Blackmun |
| Dissent | Marshall, joined by Brennan |
This case overturned a previous ruling or rulings | |
| Jones v. United States (1960) | |
United States v. Salvucci 448 U.S. 83 (1980) was a Supreme Court case ruling that "automatic standing" to file a Fourth Amendment claim based on mere possession of a seized item lacks constitutional merit.[1] [2]
Background
[edit]In 1978, John Salvucci and Joseph Zackular were federally indicted on 12 counts of stolen mail possession.[3] They filed a motion to suppress the checks during trial, arguing the affidavit supporting the search warrant lacked probable cause. The District Court agreed; the Court of Appeals upheld the suppression order based on the defendants' standing. [4]
Decision
[edit]In a 7-2 majority opinion delivered by Justice William Rehnquist, the Court ruled that simple possession of a seized item does not justify standing by itself. Instead, those who have "a legitimate expectation of privacy in the invaded place" possess merit to file a Fourth Amendment claim.
Marshall's Dissent
[edit]Justice Thurgood Marshall, joined by Justice Brennan, posits that the automatic standing rule eliminates the "wasteful" requirement of pretrial preliminary standing hearings in possession cases.
References
[edit]External links
[edit]- Text of United States v. Salvucci, 448 U.S. 83 (1980) is available from: Cornell Findlaw Justia Library of Congress Oyez (oral argument audio)