People v. Houze

While I agree with the result reached by Justice Cavanagh, I write separately to clarify that, in my view, defendant had no reasonable expectation of privacy in the common access area from which the police viewed the criminal activity and to avoid leaving the impression that because People v Dugan, 102 Mich App 497; 302 NW2d 209 (1980), is distinguished, it is approved.

This Court expressly adopted the "reasonable expectation of privacy” standard, for purposes of Const 1963, art 1, § 11, in People v Smith, 420 Mich 1; 360 NW2d 841 (1984), and found that the rationale of Rakas v Illinois, 439…