What is the current state of the law on the automatic standing rule for a motion to suppress?

MultiRegion, United States of America

The following excerpt is from U.S. v. Issacs, 708 F.2d 1365 (9th Cir. 1983):

1 The Salvucci court found that intervening legal developments had eroded the twin grounds of the Jones automatic standing rule. The holding in Simmons v. United States, 390 U.S. 377, 88 S.Ct. 967, 19 L.Ed.2d 1247 (1968), that "testimony given by a defendant in support of a motion to suppress cannot be admitted as evidence of his guilt at trial" eliminated "the risk that self-incrimination would attach to the assertion of Fourth Amendment rights." 448 U.S. at 88, 100 S.Ct. at 2551. Likewise, subsequent recognition that "a prosecutor may, with legal consistency and legitimacy, assert that a defendant charged with possession of a seized item did not have a privacy interest violated in the course of the search and seizure" obviated the need "to prevent the 'vice of prosecutorial self-contradiction.' " Id. at 88-89, 100 S.Ct. at 2551 (quoting Brown v. United States, 411 U.S. 223, 229, 93 S.Ct. 1565, 1569, 36 L.Ed.2d 208 (1973)).

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