How this document has been cited
The presence of a large number of officers in an apartment does not present a situation which is per se coercive.
- in THE LEGAL DIGEST and 3 similar citations
—the Michigan Supreme Court held that where suspicion had focused on a suspect prior to questioning it was error to admit into evidence his responses to questions asked prior to his receiving Miranda warnings.
- in Custodial Interrogation after Oregon v. Mathiason and 2 similar citations
"A warrantless search and seizure is unreasonable per se and violates the Fourth Amendment of the United States Constitution and Art. 1, § 11 of the state constitution unless shown to be within one of the exceptions to the rule."
- in University of Detroit Law Review and 2 similar citations
No state cases were cited by the court below to support the proposition that the search of the passenger compartment violated the Michigan Constitution
- in The Use of State Constitutional Provisions in Criminal Defense after … and one similar citation
—the Michigan Supreme Court adopted the focus test, despite Beckwith and Mathiason, and fortified that decision subsequently in People
Likewise, a landlord or hotel owner cannot consent to a search unless the defendant has relinquished control of the property by abandonment, eviction, or by the termination or expiration of his lease.
—during homicide investigation, police searching suspect's apartment with consent discovered mop in redtinged water and trousers soaking in the water and asked suspect who ɔwned the trousers
Cited by
365 NW 2d 136 - Mich: Supreme Court 1984
338 NW 2d 167 - Mich: Supreme Court 1983
R Richards - TM Cooley L. Rev., 1999
JA Gardner - 1999
870 P. 2d 478 - Colo: Supreme Court 1994
[BOOK] Law of confessions
DM Nissman… - 1994
DF Wells - U. Det. Mercy L. Rev., 1991
T Mattis - Wayne L. Rev., 1990
843 F. 2d 1041 - Court of Appeals, 7th Circuit 1988
S Hackett - U. Det. L. Rev., 1988