People v. Broilo

This appeal, brought by the Prosecuting Attorney, centers on the question of whether a Recorder’s Court Judge abused his discretion in suppressing a search warrant and the evidence obtained in the resulting search.

The warrant, issued after midnight on November 8, 1973, permitted officers to search premises at 7787 Brace Street, in the City of Detroit. The facts relating thereto will be discussed in connection with the three sub-issues herein presented.

The statute providing the procedure for obtaining search warrants, MCLA 780.651; MSA 28.1259(1), reads:

"When an affidavit is made on oath to a…