People v. Whalen

In an unpublished opinion, People v Whalen, No. 10764 (1972) the Court of Appeals affirmed this defendant’s convictions of breaking and entering 1 and larceny from a building. 2 We granted leave, 388 Mich 770 (1972) to consider three issues:

1. Whether due to the warrantless stop and search of the automobile^ in which defendant was a passenger, which stop was part of a comprehensive scheme to search all automobiles on the highway—a roadblock— defendant’s Fourth Amendment right to be free from unreasonable search and seizure had been violated;

2. Whether error was committed in allowing the…