People v. Secrest

In executing a search warrant, the police seized two photographs of the defendant which were not listed in the warrant as items to be taken. We are asked to evaluate this seizure under Const 1963, art 1, § 11.

I

The defendant is said to have wounded James Smith, Jr., and killed Floyd Smith on October 19, 1978. He was charged with first-degree murder, 1 assault with intent to commit murder, 2 and posses sion of a firearm during the commission of a felony. 3 A jury convicted him of all three charges.

The defendant filed a motion for" new trial. Among the issues raised in the motion was an…