Legal Opinion · Dissent

People v. 3474 FAIRVIEW

Michigan Court of Appeals

Decided February 23, 1978No. Docket 77-1282Published

1DissentM. F. Cavanagh, P. J.

I must dissent from the majority’s conclusion that MCLA 726.11; MSA 27.3561, does not allow recorder’s court to exercise jurisdiction in the instant case.

My colleagues first accept People v Ewald, 302 Mich 31; 4 NW2d 456 (1942), as authority for the proposition that the exclusive jurisdiction of recorder’s court does not extend to the issuance of a search warrant, a proceeding for the discovery of *485crime. There is support for this interpretation, if the statements in Ewald, supra, are read without reference to the particular circumstances of that case. As I stated, obviously unpersuasively, in…

2Cases cited9 opinions

  1. Mapp v. OhioSupreme Court of the United States · 1961
  2. People v. MarxhausenMichigan Supreme Court · 1919
  3. Patterson v. WagnerMichigan Supreme Court · 1919
  4. People v. RosaMichigan Supreme Court · 1969
  5. People v. EwaldMichigan Supreme Court · 1942

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