307 N.W.2d 447 (Mich.App. 1981), 47265, People v. Kyser

Docket Nº:Docket No. 47265.
Citation:307 N.W.2d 447, 106 Mich.App. 216
Opinion Judge:PER CURIAM.
Party Name:PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Rudean KYSER, Defendant-Appellant.
Attorney:James R. Neuhard, [106 Mich.App. 217] State Appellate Defender, Kim R. Fawcett, Asst. State Appellate Defender, for defendant-appellant. Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Michael W. Labeau, Pros. Atty., James G. Petrangelo, Asst. Pros. Atty., for plaintiff-appellee.
Judge Panel:Before V. J. BRENNAN, P.J., and KAUFMAN and KELLY, JJ.
Case Date:May 06, 1981
Court:Court of Appeals of Michigan
 
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Page 447

307 N.W.2d 447 (Mich.App. 1981)

106 Mich.App. 216

PEOPLE of the State of Michigan, Plaintiff-Appellee,

v.

Rudean KYSER, Defendant-Appellant.

Docket No. 47265.

Court of Appeals of Michigan.

May 6, 1981

Released for Publication July 13, 1981.

Page 448

James R. Neuhard, [106 Mich.App. 217] State Appellate Defender, Kim R. Fawcett, Asst. State Appellate Defender, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Michael W. Labeau, Pros. Atty., James G. Petrangelo, Asst. Pros. Atty., for plaintiff-appellee.

Before V. J. BRENNAN, P.J., and KAUFMAN and KELLY, JJ.

PER CURIAM.

Defendant was convicted by a jury in Monroe County Circuit Court of larceny from the person, M.C.L. § 750.357; M.S.A. § 28.589. Defendant was sentenced to 61/2 to 10 years imprisonment, with credit for 178 days already served. It is from this conviction and sentence that defendant now appeals as of right, pursuant to GCR 1963, 806.1.

On appeal, defendant raises four issues, only one of which we deem merits our consideration. Defendant claims that she was denied effective assistance of counsel where defense counsel failed to bring a pretrial motion to suppress a lineup identification because it was the product of an illegal arrest of defendant. It is the issue of the legality of [106 Mich.App. 218] defendant's arrest to which we shall address ourselves.

The statutory authority for an officer to arrest without a warrant is set forth in M.C.L. § 764.15; M.S.A. § 28.874, which provides in pertinent part:

"A peace officer may, without a warrant, arrest a person * * *

"(d) when the peace officer has reasonable cause to believe that a felony has been committed and reasonable cause to believe that the person has committed it."

In People v. Summers, 407 Mich. 432, 286 N.W.2d 226 (1979), the Court noted that probable cause for an arrest has been defined as any facts which would induce a fair-minded person of average intelligence to believe that the suspect has committed a felony, and that such facts upon which such belief is based must be present at the moment of arrest. Further, in reviewing a claim that a police officer lacked probable cause to arrest, this Court must determine whether facts available to the officer at the moment of arrest would justify a fair-minded person in believing that the suspect had committed...

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