Legal Opinion

People v. Glenn-Powers

Michigan Court of Appeals

Decided May 8, 2012No. Docket No. 301914PublishedCited by 6 opinions

1Opinion of the CourtSawyer, P.J.

This case presents the question whether a probationer was lawfully arrested pursuant to a probation-violation warrant when the probation-violation warrant was not sworn under oath. We conclude that, because a warrant is not required under the Fourth Amendment to make an arrest for a probation violation, it is irrelevant whether the warrant was properly issued in determining whether there was a Fourth Amendment violation. Accordingly, we reverse and remand.

Defendant was on probation in an unrelated case in the Washtenaw Circuit Court. His probation officer, Thomas Mihalic, requested an arrest…

2Cases cited12 opinions

  1. Morrissey v. BrewerSupreme Court of the United States · 1972
  2. Whren v. United StatesSupreme Court of the United States · 1996
  3. Horton v. CaliforniaSupreme Court of the United States · 1990
  4. Devenpeck v. AlfordSupreme Court of the United States · 2004
  5. Griffin v. WisconsinSupreme Court of the United States · 1987

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3Cited by6 opinions

  1. People v. MahdiMichigan Court of Appeals · 2016
  2. People v. VanderpoolMichigan Court of Appeals · 2018
  3. People of Michigan v. John David VanderpoolMichigan Court of Appeals · 2018
  4. People of Michigan v. John David VanderpoolMichigan Court of Appeals · 2018
  5. The People v. WoodallCalifornia Court of Appeal · 2013

1 more not listed; retrieve them via the Exa API.

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