Michigan search and seizure clause in Michigan

2002The language of the constitutional provision and its history “precludes a construction of the Michigan search and seizure clause imposing a higher standard of reasonableness for searches and seizures of items named in the proviso than the United States Supreme Court has held applicable under the Fourth Amendment.” People v Moore, 391 Mich 426, 435 ; 216 NW2d 770 (1974).

2002The language of the constitutional provision and its history “precludes a construction of the Michigan search and seizure clause imposing a higher standard of reasonableness for searches and seizures of items named in the proviso than the United States Supreme Court has held applicable under the Fourth Amendment.” People v Moore, 391 Mich 426, 435 ; 216 NW2d 770 (1974).

2002As stated by our Supreme Court in People v Catania, 427 Mich 447, 466 ; 398 NW2d 343 (1986): “There is no basis in this case for holding that the Michigan Constitution, art 1, § 11, permits greater protection than the United States Constitution.” See also People v Collins, 438 Mich 8, 25 ; 475 NW2d 684 (1991) (“ait 1, § 11 is to be construed to provide the same protection as that secured by the Fourth Amendment, absent ‘compelling reason’ to impose a different interpretation”). 2 Because the evidence discovered in the search of defendant’s automobile without a warrant is not excluded by operat

2002As stated by our Supreme Court in People v Catania, 427 Mich 447, 466 ; 398 NW2d 343 (1986): “There is no basis in this case for holding that the Michigan Constitution, art 1, § 11, permits greater protection than the United States Constitution.” See also People v Collins, 438 Mich 8, 25 ; 475 NW2d 684 (1991) (“ait 1, § 11 is to be construed to provide the same protection as that secured by the Fourth Amendment, absent ‘compelling reason’ to impose a different interpretation”). 2 Because the evidence discovered in the search of defendant’s automobile without a warrant is not excluded by operat

1974Moore did not move to suppress and there is no reason on this record to question the reasonableness of the arrest *434 ing officer's belief upon his cursory examination that the white powder contained in the aberrant transparent capsules in the curiously unmarked, transparent vial was heroin. 5 *435 While Const 1963, art 1, § 11 protects against "unreasonable searches and seizures”, its proviso prohibiting the exclusion from evidence of "any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by a peace officer outside the curtilage of any dwelling house”, precludes a

1974Moore did not move to suppress and there is no reason on this record to question the reasonableness of the arrest *434 ing officer's belief upon his cursory examination that the white powder contained in the aberrant transparent capsules in the curiously unmarked, transparent vial was heroin. 5 *435 While Const 1963, art 1, § 11 protects against "unreasonable searches and seizures”, its proviso prohibiting the exclusion from evidence of "any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by a peace officer outside the curtilage of any dwelling house”, precludes a

1987An unbroken line of United States Supreme Court cases beginning with Chambers v Maroney, 399 US 42 ; 90 S Ct 1975 ; 26 L Ed 2d 419 (1970), and including the more recent decisions of Michigan v Thomas, 458 US 259 ; 102 S Ct 3079 ; 73 L Ed 2d 750 (1982), and Florida v Meyers, 466 US 380 ; 104 S Ct 1852 ; 80 L Ed 2d 381 (1984), have held that when officers have probable cause to believe there is contraband inside an automobile, the officers may conduct a search of the vehicle without a warrant even after it has been impounded and is in police custody.

1987An unbroken line of United States Supreme Court cases beginning with Chambers v Maroney, 399 US 42 ; 90 S Ct 1975 ; 26 L Ed 2d 419 (1970), and including the more recent decisions of Michigan v Thomas, 458 US 259 ; 102 S Ct 3079 ; 73 L Ed 2d 750 (1982), and Florida v Meyers, 466 US 380 ; 104 S Ct 1852 ; 80 L Ed 2d 381 (1984), have held that when officers have probable cause to believe there is contraband inside an automobile, the officers may conduct a search of the vehicle without a warrant even after it has been impounded and is in police custody.

1987An unbroken line of United States Supreme Court cases beginning with Chambers v Maroney, 399 US 42 ; 90 S Ct 1975 ; 26 L Ed 2d 419 (1970), and including the more recent decisions of Michigan v Thomas, 458 US 259 ; 102 S Ct 3079 ; 73 L Ed 2d 750 (1982), and Florida v Meyers, 466 US 380 ; 104 S Ct 1852 ; 80 L Ed 2d 381 (1984), have held that when officers have probable cause to believe there is contraband inside an automobile, the officers may conduct a search of the vehicle without a warrant even after it has been impounded and is in police custody.

1987An unbroken line of United States Supreme Court cases beginning with Chambers v Maroney, 399 US 42 ; 90 S Ct 1975 ; 26 L Ed 2d 419 (1970), and including the more recent decisions of Michigan v Thomas, 458 US 259 ; 102 S Ct 3079 ; 73 L Ed 2d 750 (1982), and Florida v Meyers, 466 US 380 ; 104 S Ct 1852 ; 80 L Ed 2d 381 (1984), have held that when officers have probable cause to believe there is contraband inside an automobile, the officers may conduct a search of the vehicle without a warrant even after it has been impounded and is in police custody.

1987An unbroken line of United States Supreme Court cases beginning with Chambers v Maroney, 399 US 42 ; 90 S Ct 1975 ; 26 L Ed 2d 419 (1970), and including the more recent decisions of Michigan v Thomas, 458 US 259 ; 102 S Ct 3079 ; 73 L Ed 2d 750 (1982), and Florida v Meyers, 466 US 380 ; 104 S Ct 1852 ; 80 L Ed 2d 381 (1984), have held that when officers have probable cause to believe there is contraband inside an automobile, the officers may conduct a search of the vehicle without a warrant even after it has been impounded and is in police custody.

1987An unbroken line of United States Supreme Court cases beginning with Chambers v Maroney, 399 US 42 ; 90 S Ct 1975 ; 26 L Ed 2d 419 (1970), and including the more recent decisions of Michigan v Thomas, 458 US 259 ; 102 S Ct 3079 ; 73 L Ed 2d 750 (1982), and Florida v Meyers, 466 US 380 ; 104 S Ct 1852 ; 80 L Ed 2d 381 (1984), have held that when officers have probable cause to believe there is contraband inside an automobile, the officers may conduct a search of the vehicle without a warrant even after it has been impounded and is in police custody.

1974Ill In contrast with People v Jackson, 391 Mich 323 ; 217 NW2d 22 (1974), Moore’s attorney did not ask the judge to exclude, in the exercise of discretion, reference to Moore’s prior conviction record.

1974Ill In contrast with People v Jackson, 391 Mich 323 ; 217 NW2d 22 (1974), Moore’s attorney did not ask the judge to exclude, in the exercise of discretion, reference to Moore’s prior conviction record.