People v. Sobczak-Obetts

Because I disagree with the majority’s decision to admit the challenged evidence, I respectfully dissent. I would affirm the judg*714ment of the Court of Appeals, and, further, I would not disavow the Court of Appeals decision in People v Chapin, 244 Mich App 196; 624 NW2d 769 (2000).

First, I cannot agree that this Court’s decision in People v Moten, 233 Mich 169; 206 NW 506 (1925), is not applicable to this case. There, this Court had to decide whether evidence gathered under a warrant that did not recite the basis for its issuance, as required by statute, had to be excluded. Id. at 174.…