People v. Chaney

• Decision Date: 21 June 1973
• Docket Number: No. 2,Docket No. 14251--2,2
• Citation: 218 N.W.2d 121,52 Mich.App. 474
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellee, v. William M. CHANEY, Defendant-Appellant
• Court: Court of Appeal of Michigan — District of US

Page 121

218 N.W.2d 121

52 Mich.App. 474

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. William M. CHANEY, Defendant-Appellant.

Docket No. 14251--2.

Court of Appeals of Michigan, Division No. 2.

June 21, 1973.

Released for Publication May 24, 1974.

D. Michael Kratchman, Kratchman & Kratchman, Detroit, for defendant-appellant.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William F. Delhey, Pros. Atty., for plaintiff-appellee.

Before QUINN, P.J., and BRONSON and O'HARA,* JJ.

PER CURIAM.

Convicted by a jury and sentenced for violation of M.C.L.A. § 750.224; M.S.A. § 28.421 and M.C.L.A. § 750.227; M.S.A. § 28.424, defendant appeals. The sole issue presented relates to the refusal of the lower courts to suppress evidence necessary for conviction seized in an alleged unlawful search.

Subsequent to being advised by his superior officer of an impending telephone call from an informant, state police sergeant Schwarzkopf received the call and the following information over the telephone from an allegedly reliable but confidential informant:

'That a late model Chevrolet black over yellow with an Indiana license 98W--51 was traveling from, I believe, Hammond, Indiana area, and going to the Flint area. And that the driver, the person who would probably be driving the car would be a William Chaney. And that he may be alone, or there could be others with him. And that he may be harmed (sic) as they may be carrying guns.'

After receiving this information, Sergeant Schwarzkopf advised his superior of the receipt of the car and of its contents. Decision was made to give this information to the state police operations office which broadcast it by radio. Officer Oesterling was patroling I--94 when khe received the above information over the radio. Oesterling observed the above described vehicle and stopped it for speeding--80 mph in a 70 mph zone. The officer ascertained that the owner of the car was defendant Chaney, a passenger in the car. Thereupon the questioned search occurred and disclosed a semi- automatic pistol in a brown paper bag on the floor, a Kone Special .38 revolver in a briefcase on the back seat, in the trunk a .38 snub-nose Smith and Wesson automatic revolver in a suitcase, a billy club in a briefcase, a .30-caliber carbine rifle cased and unloaded, a can of Mace and boxes of ammunition.

The car was lawfully stopped, so the inquiry is was the search reasonable, People v. Gonzales, 356 Mich. 247, 253, 97 N.W.2d 16 (1...