[Download] "People v. Sobczak-Obetts" by Michigan Court of Appeals " eBook PDF Kindle ePub Free

📘 Read Now     📥 Download

eBook details

• Title: People v. Sobczak-Obetts
• Author : Michigan Court of Appeals
• Release Date : January 05, 1999
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 60 KB

Description

FOR PUBLICATION Updated Copy February 18, 2000 In this case, this panel is called on to review a state trial court's decision to suppress evidence seized under a federal search warrant but used in a state prosecution. The lower court suppressed the evidence because the federal warrant did not recite the basis for probable cause or have attached to it the affidavit in support of probable cause, as required by state statute, MCL 780.654; MSA 28.1259(4). No affidavit was attached because federal law contains no such requirement, and a federal magistrate had ordered the affidavit sealed. Because I find that our Supreme Court's decision in People v Moten, 233 Mich 169; 206 NW 506 (1925), requires suppression of evidence seized under these circumstances, I would affirm the lower court's decision. 1 Despite this Court's previous efforts to depart from Moten's strict construction of Michigan's warrant statute, the dated Supreme Court decision remains good law. Nevertheless, I urge our Supreme Court to reconsider this matter, but, until it does, I feel I must apply its decision in Moten. Further, because I am following authority that supersedes holdings of this Court, I do not believe that I am required to declare a conflict under MCR 7.215(H).

Download Books "People v. Sobczak-Obetts" PDF ePub Kindle