Fourth Amendment exclusionary rule (Michigan) · Go Syfert
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Fourth Amendment exclusionary rule in Michigan

8 Michigan opinions name it 2 courts 1976–2021 1 in the last five years

The cases below were cited by Michigan courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (4)

CaseFollowedCited
People v. Lyongreen
michctapp · 1998 · cited in 2 Michigan opinions naming this issue, 2002–2021
2 sentences

2021“The Fourth Amendment exclusionary rule only applies to constitutionally invalid 1 I agree with the panel’s conclusions that the circuit court abused its discretion by concluding that the district court lacked probable cause to bind defendant over on the offenses involving possession of cocaine, heroin, and firearms. 2 As dissenting Judge JANSEN recognized, the prosecution failed to explain why the Detroit Police Department was policing in Inkster. 3 arrests, not merely statutorily invalid arrests.” Id. at 532-533, citing People v Lyon, 227 Mich App 599, 611 (1998).3 The Court went on to obser

2002People v Lyon, 227 Mich App 599, 611 ; 577 NW2d 124 (1998).

12
People v. Hamiltongreen
mich · 2002 · cited in 1 Michigan opinions naming this issue, 2021–2021
2 sentences

2021On the issue of jurisdiction,1 the majority held that the violation of MCL 764.2a did not warrant application of the exclusionary rule, relying on People v Hamilton, 465 Mich 526, 532-533 (2002) (“The Fourth Amendment exclusionary rule only applies to constitutionally invalid arrests, not merely statutorily illegal arrests”), abrogated in part on other grounds by Bright v Ailshie, 465 Mich 770 (2002).

2021“The Fourth Amendment exclusionary rule only applies to constitutionally invalid 1 I agree with the panel’s conclusions that the circuit court abused its discretion by concluding that the district court lacked probable cause to bind defendant over on the offenses involving possession of cocaine, heroin, and firearms. 2 As dissenting Judge JANSEN recognized, the prosecution failed to explain why the Detroit Police Department was policing in Inkster. 3 arrests, not merely statutorily invalid arrests.” Id. at 532-533, citing People v Lyon, 227 Mich App 599, 611 (1998).3 The Court went on to obser

11
People v. Wilkersongreen
colo · 1975 · cited in 1 Michigan opinions naming this issue, 1976–1976
1 sentence

1976See e.g., United States v Winsett, 518 F2d 51 (CA 9, 1975), United States v Delgado, supra, People v Wilkerson, 541 P2d 896 (Colo, 1975).

11
United States v. Delagogreen
nysd · 1974 · cited in 1 Michigan opinions naming this issue, 1976–1976
1 sentence

1976See e.g., United States v Winsett, 518 F2d 51 (CA 9, 1975), United States v Delgado, supra, People v Wilkerson, 541 P2d 896 (Colo, 1975).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Michigan. Read the followed side critically anyway.

Also cited on this issue (8)

CaseCitedYears
Rakas v. Illinois green
scotus · 1979
2 sentences

2000How does the principle articulated in Rakas v. Illinois, 439 U.S. 128 , 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978), that a defendant may only seek to invoke the Fourth Amendment exclusionary rule with regard to a violation of that defendant's own Fourth Amendment rights apply to this case? 7.

2000How does the principle articulated in Rakas v. Illinois, 439 U.S. 128 , 99 S.Ct. 421 , 58 L.Ed.2d 387 (1978), that a defendant may only seek to invoke the Fourth Amendment exclusionary rule with regard to a violation of that defendant's own Fourth Amendment rights apply to this case? 7.

22000–2000
Delaware v. Prouse green
scotus · 1979
2 sentences

2000Is the language from Delaware v. Prouse, 440 U.S. 648, 653 , 99 S.Ct. 1391 , 59 L.Ed.2d 660 (1979), that "stopping an automobile and detaining its occupants constitute a `seizure' within the meaning of [the Fourth and Fourteenth] Amendments" instructive?

2000Is the language from Delaware v. Prouse, 440 U.S. 648, 653 , 99 S.Ct. 1391 , 59 L.Ed.2d 660 (1979), that "stopping an automobile and detaining its occupants constitute a `seizure' within the meaning of [the Fourth and Fourteenth] Amendments" instructive?

22000–2000
People v. Meyer green
mich · 1985
1 sentence

2021“The Fourth Amendment exclusionary rule only applies to constitutionally invalid 1 I agree with the panel’s conclusions that the circuit court abused its discretion by concluding that the district court lacked probable cause to bind defendant over on the offenses involving possession of cocaine, heroin, and firearms. 2 As dissenting Judge JANSEN recognized, the prosecution failed to explain why the Detroit Police Department was policing in Inkster. 3 arrests, not merely statutorily invalid arrests.” Id. at 532-533, citing People v Lyon, 227 Mich App 599, 611 (1998).3 The Court went on to obser

12021–2021
Bright v. Ailshie green
mich · 2002
1 sentence

2021On the issue of jurisdiction,1 the majority held that the violation of MCL 764.2a did not warrant application of the exclusionary rule, relying on People v Hamilton, 465 Mich 526, 532-533 (2002) (“The Fourth Amendment exclusionary rule only applies to constitutionally invalid arrests, not merely statutorily illegal arrests”), abrogated in part on other grounds by Bright v Ailshie, 465 Mich 770 (2002).

12021–2021
People v. Burdo green
michctapp · 1974
1 sentence

2021“The Fourth Amendment exclusionary rule only applies to constitutionally invalid 1 I agree with the panel’s conclusions that the circuit court abused its discretion by concluding that the district court lacked probable cause to bind defendant over on the offenses involving possession of cocaine, heroin, and firearms. 2 As dissenting Judge JANSEN recognized, the prosecution failed to explain why the Detroit Police Department was policing in Inkster. 3 arrests, not merely statutorily invalid arrests.” Id. at 532-533, citing People v Lyon, 227 Mich App 599, 611 (1998).3 The Court went on to obser

12021–2021
People v. Collins green
michctapp · 2012
2 sentences

2020In People v Collins, 298 Mich App 458, 466-467 ; 828 NW2d 392 (2012), this Court similarly held: Defendant initially argues that the evidence recovered should be suppressed because the officers were acting outside their jurisdiction, in violation of MCL 764.2a(1).

2020In People v Collins, 298 Mich App 458, 466-467 ; 828 NW2d 392 (2012), this Court similarly held: Defendant initially argues that the evidence recovered should be suppressed because the officers were acting outside their jurisdiction, in violation of MCL 764.2a(1).

12020–2020
United States v. Leon green
scotus · 1984
2 sentences

2020The holding in Franks was not abrogated by the United States Supreme Court’s subsequent recognition in United States v Leon, 468 US 897, 922-924 ; 104 S Ct 3405 ; 82 L Ed 2d 677 (1984) of a “good-faith” exception to the Fourth Amendment exclusionary rule for searches conducted pursuant to objectively reasonable reliance on a warrant; suppression is still an “appropriate remedy” if the affiant misled the magistrate or judge issuing the warrant by including information in the affidavit that the affiant “knew was false or would have known was false except for his reckless disregard of the truth”

2020The holding in Franks was not abrogated by the United States Supreme Court’s subsequent recognition in United States v Leon, 468 US 897, 922-924 ; 104 S Ct 3405 ; 82 L Ed 2d 677 (1984) of a “good-faith” exception to the Fourth Amendment exclusionary rule for searches conducted pursuant to objectively reasonable reliance on a warrant; suppression is still an “appropriate remedy” if the affiant misled the magistrate or judge issuing the warrant by including information in the affidavit that the affiant “knew was false or would have known was false except for his reckless disregard of the truth”

12020–2020
Sperberg v. Goodyear Tire & Rubber Co. green
scotus · 1975
2 sentences

1993United States v Farmer, 512 F2d 160 (CA 6, 1975), cert den 423 US 987 (1975).

1993United States v Farmer, 512 F2d 160 (CA 6, 1975), cert den 423 US 987 (1975).

11993–1993

Statutes the citing opinions construe

MI § Mich. Comp. Laws § 333.7401 (3) MI § Mich. Comp. Laws § 750.224f (3) MI § Mich. Comp. Laws § 750.227b (3) MI § Mich. Comp. Laws § 764.2a (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 62 (1967–2023) OH 55 (1977–2025) IL 42 (1980–2021) MD 33 (1975–2022) TX 31 (1984–2024) PA 30 (1971–2019) OR 17 (1981–2021) MN 15 (1977–2024) CO 15 (1985–2023) AR 13 (1982–2005) KS 12 (1984–2024) VA 12 (1981–2022) DC 12 (1985–2024) FL 11 (1978–2007) UT 11 (1983–2025) IN 11 (1975–2015) NY 10 (1969–2004) MO 10 (1976–1990) NJ 10 (1983–2016) SC 9 (1990–2020) TN 8 (1982–2019) NC 8 (1978–2017) MI 8 (1976–2021) AL 8 (1988–2026) NM 7 (1991–2009) WI 7 (1977–2015) LA 7 (1986–2023) OK 7 (1982–2019) NE 6 (1988–2005) CT 6 (1993–2025) ID 6 (1984–2024) WA 6 (1973–1997) RI 5 (1986–2001) MA 5 (1998–2011) MS 3 (1977–2011) SD 3 (1989–2009) AK 3 (1978–1990) IA 3 (1995–2019) GA 3 (1983–2008) DE 2 (2016–2023) AZ 2 (1998–2018) WV 2 (1987–1994) ND 2 (1990–2022)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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