People v. Couch

The prosecutor appeals by leave granted the decision of the Detroit Recorder’s Court that People v Whitty, 96 Mich App 403; 292 NW2d 214 (1980), is controlling in the instant case rather than Tennessee v Garner, 471 US 1; 105 S Ct 1694; 85 L Ed 2d 1 (1985). We reverse.

On October 15, 1986, at approximately 1:10 p.m., defendant was in his office in Warren, Michigan, when he heard a piercing sound, which he recognized as the burglar alarm on his 1986 Cadillac Seville automobile. He left the office building and walked to the parking lot where he saw a man, later identified as Alphonso Tucker,…