Legal Opinion
People v. Hawkins; People v. Scherf
Michigan Supreme Court
Decided June 20, 2003No. Docket 120437, 121698PublishedCited by 119 opinions
1Opinion of the CourtYoung, J.
We granted leave to appeal in these cases to consider whether the lower courts properly applied the exclusionary rule to evidence seized pursuant to (1) a search warrant that was issued in violation of *491MCL 780.653 and (2) a bench warrant that was issued in violation of MCR 3.606(A).
Because we conclude that neither the statute nor the court rule contemplates application of the exclusionary rule, we reverse in both cases. In People v Hawkins (see unpublished opinion per curiam of the Court of Appeals, issued September 28, 2001 [Docket No. 230839]), we hold that evidence of firearms and cocaine…
2Cases cited34 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- United States v. LeonSupreme Court of the United States · 1984
- Aguilar v. TexasSupreme Court of the United States · 1964
- Spinelli v. United StatesSupreme Court of the United States · 1969
- Boyd v. United StatesSupreme Court of the United States · 1886
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3Cited by119 opinions
- Devillers v. Auto Club Ins. Ass'nMichigan Supreme Court · 2005
- Rowland v. Washtenaw County Road CommissionMichigan Supreme Court · 2007
- Neal v. WilkesMichigan Supreme Court · 2004
- People v. GardnerMichigan Supreme Court · 2008
- People v. MartinMichigan Court of Appeals · 2006
114 more not listed; retrieve them via the Exa API.