Legal Opinion
People v. Sherbine
Michigan Supreme Court
Decided February 1, 1985No. 73179, (Calendar No. 10)PublishedCited by 50 opinions
1Opinion of the CourtLevin, J.
This appeal presents two separate but interrelated questions regarding search warrant procedure in this state. The first is whether a search warrant based on an affidavit issued in violation of MCL 780.653; MSA 28.1259(3), is invalid, and evidence obtained is required to be excluded. The second is whether this Court should reject the 'Aguila1-Spinelli2 test” heretofore applied by Michigan courts3 and substitute the totality of the circumstances test recently announced by the United States Supreme Court in Illinois v Gates.4
We conclude that the search and seizure was based upon an invalid…
2Cases cited30 opinions
- Illinois v. GatesSupreme Court of the United States · 1983
- Carroll v. United StatesSupreme Court of the United States · 1925
- Aguilar v. TexasSupreme Court of the United States · 1964
- Spinelli v. United StatesSupreme Court of the United States · 1969
- Brinegar v. United StatesSupreme Court of the United States · 1949
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3Cited by50 opinions
- People v. Hawkins; People v. ScherfMichigan Supreme Court · 2003
- People v. HawkinsMichigan Supreme Court · 2003
- People v. CollinsMichigan Supreme Court · 1991
- People v. BrannonMichigan Court of Appeals · 1992
- People v. SloanMichigan Supreme Court · 1995
45 more not listed; retrieve them via the Exa API.