187 N.W.2d 890 (Mich. 1971), 33, People v. Trudeau

Docket Nº:33.
Citation:187 N.W.2d 890, 385 Mich. 276
Opinion Judge:PER CURIAM. BRENNAN, Justice.
Party Name:PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Edward Allen TRUDEAU, Defendant-Appellant.
Attorney:[385 Mich. 277] Thomas G. Plunkett, Pros. Atty., Oakland County by Dennis Donohue, Chief Appellate Counsel, Pontiac, for plaintiff-appellee. State Appellate Defender Office by Jane Burgess, Detroit, Mich., for defendant-appellant.
Judge Panel:Before the Entire Bench.
Case Date:July 07, 1971
Court:Supreme Court of Michigan
 
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Page 890

187 N.W.2d 890 (Mich. 1971)

385 Mich. 276

PEOPLE of the State of Michigan, Plaintiff-Appellee,

v.

Edward Allen TRUDEAU, Defendant-Appellant.

No. 33.

Supreme Court of Michigan.

July 7, 1971

[385 Mich. 277] Thomas G. Plunkett, Pros. Atty., Oakland County by Dennis Donohue, Chief Appellate Counsel, Pontiac, for plaintiff-appellee.

State Appellate Defender Office by Jane Burgess, Detroit, Mich., for defendant-appellant.

Before the Entire Bench.

PER CURIAM.

Defendant was arrested on November 19, 1967, in the U.S. Post Office Building on Dearborn Street, Detroit. He was charged with an attempt to injure or destroy a vault, and breaking and entering a building with intent to commit larceny. He was arraigned on November 20, 1967, without an attorney. At the arraignment, [385 Mich. 278] counsel was appointed for Trudeau and his co-defendant. The preliminary examination was set for November 27.

On November 6, 1967, during an attempted burglary from a vault at the Shaarey Zedek Synagogue in Southfield, Michigan, the night watchman was killed by blows to his head from a crow bar. Sergeant Fasbinder of the Southfield police was assigned to that case. One of the few leads available was a heel print left at the scene.

On November 27, Sergeant Fasbinder went to Recorder's Court, where Trudeau's preliminary examination on the U.S. Post

Page 891

Office case was to be held, apparently to view the shoes of Trudeau and his co-defendant because of the similiarity between the Post Office and the Shaarey Zedek jobs. Trudeau's appointed counsel was unable to appear at the November 27 preliminary examination. Detective Randolph of the Detroit Police Department and Sergeant Fasbinder took defendant from the bull pen at the court house and requested that he lift his feet so that Sergeant Fasbinder could observe the heelds of his shoes. He did so. Later the same day back at the Wayne County jail, Sergeant Fasbinder, with two or more police officers, requested Trudeau to give him his shoes. Trudeau refused. The police officers took the shoes from him and gave them to Sergeant Fasbinder. Trudeau had no attorney present. He was not advised of his constitutional rights. The officers seizing the shoes had no warrant.

At Trudeau's preliminary examination on the Shaarey Zedek charges, his appointed counsel argued unsuccessfully that all evidence pertaining to the...

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