Legal Opinion
People v. Stark
Michigan Court of Appeals
Decided January 17, 1977No. Docket 25182PublishedCited by 16 opinions
1Opinion of the CourtR. B. Burns, J.
This appeal presents an issue of first impression in this jurisdiction:
"Subsequent to the administration of a Breathalyzer test, does the routine practice, on the part of law enforcement officials, of discarding the non-reusable ampoules used in the test constitute a constitutionally impermissible suppression of evidence violative of due process of law?”
Defendant contends that the answer to this question is "yes”, thus necessitating reversal of his third (felony) conviction of driving under the influence of intoxicating liquor. MCLA 257.625; MSA 9.2325. We disagree, and affirm the conviction.
A…
2Cases cited7 opinions
- Brady v. MarylandSupreme Court of the United States · 1963
- Giglio v. United StatesSupreme Court of the United States · 1972
- People v. HitchCalifornia Supreme Court · 1974
- Edwards v. StateCourt of Criminal Appeals of Oklahoma · 1975
- People v. KozarMichigan Court of Appeals · 1974
2 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- People v. BeckleyMichigan Supreme Court · 1990
- Turpin v. StateCourt of Criminal Appeals of Texas · 1980
- State v. CanadayWashington Supreme Court · 1978
- Scales v. City Court of City of MesaArizona Supreme Court · 1979
- State v. BoothCourt of Appeals of Wisconsin · 1980
11 more not listed; retrieve them via the Exa API.