SEARCHES AND SEIZURES - REASONABLENESS OF ARREST - USE OF EVIDENCE SECURED THROUGH UNREASONABLE ARREST- STATUTORY CHANGES

Authors

Abstract

Police officers patrolling Detroit streets in a radio-equipped police car stopped a taxicab in which defendants Stein and Massie were riding. From the statement of the court, the officers' attention was attracted to the cab "because it was 'driving pretty fast,' about 32 miles per hour." The police car pursued it for a block or more; as it drew abreast of the cab defendant Stein was seen to reach into his pocket as if to take something out and put it behind him. "There was something about the cab, probably aside from its speed, which suggested to officer Sullivan that he ought to look over the occupants. When he saw Stein make the motion, his suspicions were aroused generally and, like a good officer, he decided to investigate further." The police car forced the cab to the curb, the officers got out, arrested Stein and Massie and searched them. On Massie's person was found a revolver and on the seat behind Stein a pistol. The two were charged with carrying concealed weapons without a permit, which is a felony in Michigan whether the weapon be on the person or in the vehicle occupied. The trial judge refused to admit evidence as to these weapons, on the ground that it had been "obtained by illegal arrest and search." As there was no other evidence, he discharged the defendants. The People asked a writ of mandamus "to compel the magistrate to reinstate the proceedings and receive the weapons in evidence." Held, the action of the trial judge was proper. People v. Stein and Massie, (Mich. 1933) 251 N. W. 788.

Recommended Citation

SEARCHES AND SEIZURES - REASONABLENESS OF ARREST - USE OF EVIDENCE SECURED THROUGH UNREASONABLE ARREST- STATUTORY CHANGES, 32 Mich. L. Rev. 560 (1934).
Available at: https://repository.law.umich.edu/mlr/vol32/iss4/20