People v. Galnt
| Decision Date | 22 July 1926 |
| Docket Number | No. 123.,123. |
| Citation | 209 N.W. 915,235 Mich. 646 |
| Parties | PEOPLE v. GALNT. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Exceptions from Circuit Court, Muskegon County; John Vanderwerp, Judge.
John Galnt was convicted of manufacturing and possessing intoxicating liquor, and he brings exceptions before sentence. Reversed, and defendant discharged.
Argued before the Entire Bench. Andrew B. Dougherty, Atty. Gen., and R. Glen Dunn, Pros. Atty., and Robert H. Dunn, Asst. Pros. Atty., both of Muskegon, for the People.
Alexis J. Rogoski, of Muskegon, for respondent.
Defendant, charged with and convicted of manufacturing and possessing intoxicating liquor, seeks review on exceptions before sentence.
[1] The evidence against him was obtained by a search of his private dwelling house, initiated by an affidavit sufficient both in form and substance. But the warrant on which the search was made was void, for the reason that in it the material facts alleged in the affidavit were ‘neither recited by quotation nor stated in substance,’ as required by People v. Moten, 233 Mich. 169, 206 N. W. 506, and Act 338, Public Acts of 1917, § 27; Comp. Laws. Supp. 1922, § 7079(27). This matter was raised by motion to suppress and discharge, timely made. The motion was denied; the court saying:
[2] We think the case cited not in point.
Defendant might possess or manufacture liquor unlawfully without being the owner of it. The evidence against defendant was procured by a search of his private dwelling house. The search warrant was void, the search unlawful—a violation of his constitutional right (article 2, § 10, Const.) that his house shall be secure from unreasonable searches and seizures. All this appeared on the face of the record and was presented by the motion to suppress and discharge. The motion must prevail.
Reversed. Defendant discharged.
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People v. Sobczak-Obetts
...seized on the so-called search warrant should have been suppressed. [Bules, supra at 336, 207 N.W. 818.] Likewise, in People v. Galnt, 235 Mich. 646, 209 N.W. 915 (1926), the search warrant failed to recite the material facts alleged in the affidavit, contrary to § 27 of the liquor law. Acc......
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People v. Hawkins
...818 (1926) (reversing a conviction on the basis of evidence obtained in violation of statutory warrant requirements); People v. Galnt, 235 Mich. 646, 209 N.W. 915 (1926) (discharging the defendant where evidence obtained in violation of statute required suppression). Although this Court has......
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People v. Chapin
...established so that the defendant can be informed of the basis for the charge. Id. at 171-173, 206 N.W. 506. See also People v. Galnt, 235 Mich. 646, 209 N.W. 915 (1926), and People v. Bules, 234 Mich. 335, 207 N.W. 818 Since Moten, the statutes governing the issuance of a search warrant an......
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People v. Sobczak-Obetts
...not attached to the warrant, "[t]he warrant is invalid, and the evidence procured thereunder inadmissible."5 See also People v. Galnt, 235 Mich. 646, 209 N.W. 915 (1926), and People v. Bules, 234 Mich. 335, 207 N.W. 818 (1926). Under this holding, we are not free to decide if the general pu......