Legal Opinion · Dissent

People v. Bordine

Michigan Court of Appeals

Decided December 10, 1970No. Docket 7597Published

1DissentFitzgerald, J.

In my view, this is a case for application of the rule set forth in Harris v. United States (1968), 390 US 234, 236 (88 S Ct 992, 993; 19 L Ed 2d 1067, 1069), relative to the “plain view” doctrine:

“It has long been settled that objects falling in the plain view of an officer who has a right to he in the position to have that view are subject to seizure and may he introduced in evidence.”

The facts in this case fall within the purview of this doctrine. See People v. Meadows (1970), 26 Mich App 675, and People v. Tisi (1970), 384 Mich 214.

I would affirm the conviction.

2Cases cited3 opinions

  1. Harris v. United StatesSupreme Court of the United States · 1968
  2. People v. TisiMichigan Supreme Court · 1970
  3. People v. MeadowsMichigan Court of Appeals · 1970