People v. Burrows

• Court: Michigan Supreme Court
• Writing for the Court: ARCHER; BOYLE
• Citation: People v. Burrows, 413 N.W.2d 425, 429 Mich. 865 (Mich. 1987)
• Decision Date: 15 October 1987
• Docket Number: No. 80674,80674
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Marilyn Ellen BURROWS, Defendant-Appellee. 429 Mich. 865, 413 N.W.2d 425

Page 425

413 N.W.2d 425

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Marilyn Ellen BURROWS, Defendant-Appellee.

No. 80674.

429 Mich. 865, 413 N.W.2d 425

Supreme Court of Michigan.

Oct. 15, 1987.

On order of the Court, the delayed application for leave to appeal is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgments of the Court of Appeals and of the Wayne Circuit Court and we REMAND this case to the Wayne Circuit Court for further proceedings. The magistrate's determination that there was probable cause to support issuance of the search warrant was supported by a sufficiently substantial basis. See Judge Shepherd's dissenting opinion.

We do not retain jurisdiction.

ARCHER, J., would grant leave to appeal.

BOYLE, J., concurs with the order of peremptory reversal in this case for the reasons stated by Judge Shepherd in his dissent:

"Once the magistrate determined that probable cause existed, it was no longer a close issue given the trial court's standard of review. The trial court should have affirmed the magistrate's finding in deciding the motion to suppress. The magistrate could have gone either way and should have been affirmed in either case. Considering the closeness of the case, and giving 'due deference' to the magistrate, the magistrate's determination 'was supported by a sufficiently substantial basis.' In re Search Warrant on 5000 Northwind Dr, 128 Mich App 564, 565-566; 341 NW2d 141 (1983)." People v. Burrows, unpublished opinion...