People v. Oliver

I respectfully dissent. While I recognize, as Justice Brickley states in his dissent, that Payton v New York was limited on its facts to "the narrow question” of a warrantless arrest in a home, and that the Court specifically stated that it did "not” (emphasis supplied by the United States Supreme Court in Payton) consider whether the arrest might have been justified by exigent circumstances, I agree with the majority that both the Michigan Constitution and the Fourth Amendment may protect interests in a rented room in which an individual has a reasonable expectation of privacy. In my view,…