9 N.W.2d 893 (Mich. 1943), 76, People v. Orlando

Docket Nº76.
Citation9 N.W.2d 893, 305 Mich. 686
Opinion JudgeSHARPE, Justice.
Party NamePEOPLE v. ORLANDO et al.
Attorney[305 Mich. 688] Seddon L. Etherton and Michael McNamara, both of Detroit, for defendants and appellants. Herbert J. Rushton, Atty. Gen., Edmund E. Shepherd, Sol Gen., of Lansing, and William E. Dowling, Pros. Atty., and Henrietta E. Rosenthal, Asst. Pros. Atty., both of Detroit, for the People.
Judge PanelBefore the Entire Bench.
Case DateJune 07, 1943
CourtSupreme Court of Michigan

Page 893

9 N.W.2d 893 (Mich. 1943)

305 Mich. 686

PEOPLE

v.

ORLANDO et al.

No. 76.

Supreme Court of Michigan

June 7, 1943

[305 Mich. 687] Appeal from Recorder's Court of Detroit; Donald Van Zile, judge.

Before the Entire Bench.

[305 Mich. 688] Seddon L. Etherton and Michael McNamara, both of Detroit, for defendants and appellants.

Herbert J. Rushton, Atty. Gen., Edmund E. Shepherd, Sol Gen., of Lansing, and William E. Dowling, Pros. Atty., and

Page 894

Henrietta E. Rosenthal, Asst. Pros. Atty., both of Detroit, for the People.

SHARPE, Justice.

Defendants were tried and convicted of a violation of sections 209 and 210 of Act No. 328, Pub.Acts 1931. They were charged with possessing and placing a 'stench bomb' in the Center Theater in Detroit, Michigan.

On the evening of May 9, 1940, a 'stench bomb' had been released in the Center Theatre. A police officer was called and a search of the theater was made. Charles Orlando was apprehended and arrested in the theater and Charles Parise was apprehended about a block away from the theater, brought back to the theater and there placed under arrest. Both defendants were taken to a police station and searched. On the person of Charles Parise, a certificate title and a certificate of registration of a motor vehicle, the license number of which was BP-3731, were found. When asked about the car, Charles Parise stated that the car belonged to a friend of his. Police officers were asked to locate the car and the same was found unlocked, about one block from the theater. The officer who located [305 Mich. 689] the car noticed a package lying on the back seat. The package contained a stench bomb. The fluid found in both stench bombs was amonium valeriate.

Defendants appeal and allege that it was error on the part of the trial court to admit evidence of the ownership of the car with license No. BP-3731 and of the substance found in the car. They also urge that it was error to search and seize the car without a search warrant.

The principal question involved in this case relates to the search and seizure of the automobile and the package contained therein, without a search warrant. The solution of this question is closely associated with the question of the legality of the arrest of both defendants.

Section 17149, 3 Comp.Laws 1929, as amended by Act No. 84, Pub.Acts 1935...

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33 practice notes
  • 180 N.W.2d 354 (Mich.App. 1970), 6034, People v. Cook
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • June 22, 1970
    ...evidence.' Harris v. United States (1968), 390 U.S. 234, 236, 88 S.Ct. 992, 993, 19 L.Ed.2d 1067, 1069. Accord, People v. Orlando (1943), 305 Mich. 686, 9 N.W.2d 893; People v. Kuntze (1963), 371 Mich. 419, 124 N.W.2d 269; People v. Tetts (1967), 6 Mich.App. 254, 148 N.W.2d 877; People v. H......
  • 242 N.W.2d 442 (Mich.App. 1976), 19891, People v. Small
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • March 8, 1976
    ...supra. The existence of probable cause properly depends upon the circumstances confronting the arresting officer. People v. Orlando, 305 Mich. 686, 689, 9 N.W.2d 893 (1943). A legal principle of crucial importance to this case is that the factual sufficiency for probable cause is measured a......
  • 184 N.W.2d 292 (Mich.App. 1970), 8178, People v. Pruitt
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • December 1, 1970
    ...and introduction into evidence. Harris v. United States (1968), 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067; People v. Orlando (1943), 305 Mich. 686, 9 N.W.2d 893; People v. Kuntze (1963), 371 Mich. 419, 124 N.W.2d 269; People [28 Mich.App. 274] v. Tetts (1967), 6 Mich.App. 254, 148 N.W.2d ......
  • 272 N.W.2d 126 (Mich.App. 1978), 26893, People v. Lovett
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • September 19, 1978
    ...committed it. 5 Whether or not such cause to arrest exists depends upon the facts and circumstances of each case. See People v. Orlando, 305 Mich. 686, 9 N.W.2d 893 (1943). In the instant matter, the following information [85 Mich.App. 541] was known to the police at the time of defendant's......
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33 cases
  • 180 N.W.2d 354 (Mich.App. 1970), 6034, People v. Cook
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • June 22, 1970
    ...evidence.' Harris v. United States (1968), 390 U.S. 234, 236, 88 S.Ct. 992, 993, 19 L.Ed.2d 1067, 1069. Accord, People v. Orlando (1943), 305 Mich. 686, 9 N.W.2d 893; People v. Kuntze (1963), 371 Mich. 419, 124 N.W.2d 269; People v. Tetts (1967), 6 Mich.App. 254, 148 N.W.2d 877; People v. H......
  • 242 N.W.2d 442 (Mich.App. 1976), 19891, People v. Small
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • March 8, 1976
    ...supra. The existence of probable cause properly depends upon the circumstances confronting the arresting officer. People v. Orlando, 305 Mich. 686, 689, 9 N.W.2d 893 (1943). A legal principle of crucial importance to this case is that the factual sufficiency for probable cause is measured a......
  • 184 N.W.2d 292 (Mich.App. 1970), 8178, People v. Pruitt
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • December 1, 1970
    ...and introduction into evidence. Harris v. United States (1968), 390 U.S. 234, 88 S.Ct. 992, 19 L.Ed.2d 1067; People v. Orlando (1943), 305 Mich. 686, 9 N.W.2d 893; People v. Kuntze (1963), 371 Mich. 419, 124 N.W.2d 269; People [28 Mich.App. 274] v. Tetts (1967), 6 Mich.App. 254, 148 N.W.2d ......
  • 272 N.W.2d 126 (Mich.App. 1978), 26893, People v. Lovett
    • United States
    • Michigan Court of Appeal of Michigan (US)
    • September 19, 1978
    ...committed it. 5 Whether or not such cause to arrest exists depends upon the facts and circumstances of each case. See People v. Orlando, 305 Mich. 686, 9 N.W.2d 893 (1943). In the instant matter, the following information [85 Mich.App. 541] was known to the police at the time of defendant's......
  • Request a trial to view additional results