Legal Opinion · Dissent

People v. Chapin

Michigan Court of Appeals

Decided March 8, 2001No. Docket 226419Published

1DissentHood, J.

I must respectfully dissent because my reading of the current affidavit and warrant requirements does not comport with the conclusion reached by the majority.

MCL 780.653; MSA 28.1259(3) sets forth the contents of the affidavit. Specifically, the magistrate is to consider all the information relayed in the affidavit and that information may be provided by a named or unnamed person. MCL 780.651; MSA 28.1259(1) addresses the issuance of the search warrant. This statute provides, in relevant part:(1) When an affidavit is made on oath to a magistrate authorized to issue warrants in criminal cases,…

2Cases cited9 opinions

  1. Farrington v. Total Petroleum, Inc.Michigan Supreme Court · 1993
  2. People v. Borchard-RuhlandMichigan Supreme Court · 1999
  3. People v. NimethMichigan Court of Appeals · 1999
  4. People v. ValentinMichigan Supreme Court · 1998
  5. People v. MotenMichigan Supreme Court · 1925

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