People v. Beauregard, Docket No. 7294
| Decision Date | 29 January 1970 |
| Docket Number | Docket No. 7294,No. 2,2 |
| Citation | 175 N.W.2d 301,21 Mich.App. 224 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Willie BEAUREGARD, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
Frederick E. Salim, Robert M. Crites, Flint, for defendant-appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Robert F. Leonard, Pros. Atty., Genesee County, Donald A. Kuebler, Chief Asst. Pros. Atty., for plaintiff-appellee.
Before LEVIN, P.J., and HOLBROOK and BRONSON, JJ.
Defendant appeals his conviction of armed robbery, M.C.L.A. § 750.539 (Stat.Ann.1969 Cum.Supp. § 28.797), and sentence to prison for a term of not less than 6 1/2 years to 15 years. He raises one meritorious issue on this appeal: was there probable cause for arresting and searching defendant and his companions without a warrant?
The record reveals that the arresting officers pursued the automobile in which the defendant was riding in response to a radio dispatch, which gave a description of the felons. The automobile was within 1.5 miles of the scene of the crime. The officers had deliberately proceeded down the street where the defendant was apprehended on the premise that that particular street could be used as an escape route. In addition, the automobile was stopped because it had a defective license plate light. After stopping the automobile one of the police officers observed a shotgun lying in plain view in the back seat. In the course of removing the gun the knife used in the perpetration of the crime was found lying near the gun. Only then were the subjects searched at the scene and arrested.
Any police officer may, without a warrant, arrest a person when he has reasonable cause to believe that there has been a felony committed and reasonable cause to believe that the person arrested committed it. People v. Sansoni (1968), 10 Mich.App. 558, 159 N.W.2d 858. The officer was under no duty to close his eyes to the fact that the shotgun was in plain view. This was not an unreasonable search, People v. Kuntze (1963), 371 Mich. 419, 124 N.W.2d 269. To determine whether or not the subsequent arrest without a warrant and search of the defendant and the automobile was lawful, we go to the facts and circumstances within the arresting officer's knowledge to find if they were sufficient to constitute probable cause.
The officers at that time knew of the armed robbery which was committed...
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