Legal Opinion · Dissent

People v. Hyman

Michigan Court of Appeals

Decided December 2, 1986No. Docket No. 86615Published

1DissentJ. R. Ernst, J.

Although fully agreeing with both the wisdom and the logic of the majority, I must respectfully dissent from that opinion and would affirm the decision of the trial court. In People v Goff, 401 Mich 412, 413-414; 258 NW2d 57 (1977), the Supreme Court unanimously held:

We conclude, as a matter of policy, that a signature is needed. After November 30, 1977, an affidavit supporting a search warrant, issued pursuant to MCLA 780.651; MSA 28.1259(1), must be signed by the affiant. A search warrant based on an unsigned affidavit will be invalid. [Emphasis added.]

In the recent case of People v…

2Cases cited4 opinions

  1. Illinois v. GatesSupreme Court of the United States · 1983
  2. People v. SherbineMichigan Supreme Court · 1985
  3. People v. GoffMichigan Supreme Court · 1977
  4. People v. MitchellMichigan Court of Appeals · 1985

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