People v. Pranke

I dissent.

The decisive question is whether the search of appellant’s apartment which led to the discovery of marijuana was lawful. If the search was unlawful, the evidence introduced as a result of the search, which led to appellant’s conviction, should have been excluded and the judgment should be reversed.

In my opinion the search was irremediably tainted by the illegality of appellant’s arrest which preceded the search. The majority holds this court is precluded from adjudicating the legality of appellant’s arrest because appellant failed to present the precise ground to the trial court on…