Legal Opinion

People v. Brooks

Michigan Court of Appeals

Decided May 3, 1977No. Docket 28387, 28388PublishedCited by 3 opinions

1Opinion of the CourtR. B. Burns, P. J.

Defendants appeal their bench conviction of possession of heroin with intent to deliver. MCLA 335.341(1)(a); MSA 18. 1070(41)(1)(a).

Defendants were discovered and arrested on premises searched by the police upon execution of a search warrant issued by a Highland Park municipal judge. Defendants contend on appeal that this search warrant was invalidly issued as no authorization order signed by the prosecuting attorney was filed with the judge as allegedly required by MCLA 764.1; MSA 28.860. Accordingly, they believe that the evidence seized should be suppressed.

Defendants’ contention about the…

2Cases cited1 opinion

  1. People v. JacksonMichigan Supreme Court · 1973

3Cited by3 opinions

  1. People v. Bruce RamseyMichigan Court of Appeals · 1979
  2. People v. GilbertMichigan Court of Appeals · 1980
  3. People v. WhiteMichigan Court of Appeals · 1988

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