People v. Goss
| Decision Date | 29 March 1929 |
| Docket Number | No. 165.,165. |
| Citation | 224 N.W. 364,246 Mich. 524 |
| Parties | PEOPLE v. GOSS. |
| Court | Michigan Supreme Court |
OPINION TEXT STARTS HERE
Error to Circuit Court, St. Joseph County; Clayton C. Johnson, Judge.
Joseph Goss was convicted of unlawfully possessing and transporting intoxicating liquor, and he brings error. Affirmed and remanded.
Argued before the Entire Bench, except POTTER, J.
Harry S. Bennett, of Detroit, for appellant.
Wilber M. Brucker, Atty. Gen., and Lawrence H. Niendorf, Pros. Atty., and James T. Sloan, Asst. Pros. Atty., both of Centerville, for the People.
The defendant was convicted under an information charging the unlawful possession and transportation of intoxicating liquors.
On September 27, 1927, he was driving an automobile on a public highway in the county of St. Joseph, Mich. He was stopped by a state police officer, who had observed that there was no license plate on the front of the automobile and that the number on the rear plate was not readily discernible. After some conversation with the officer, it is claimed that the defendant admitted he had liquor in the car and expressed a desire to ‘fix it up.’ The officer searched the car, found the liquor, and placed the defendant under arrest. The liquor thus obtained was used as evidence against the defendant on the trial. It was claimed that there was an unlawful search and seizure, and a motion to suppress was seasonably made on that ground. Though the motion was denied, the trial court later submitted the question to the jury, and again it was decided adversely to the defendant.
The contention of the defendant is stated in his brief as follows:
The fact that intoxicating liquor was found in the car shows that an offense was being committed in the officers' presence. But that fact would not justify the search and seizure. As we have frequently explained, to justify a search and seizure, the officer must act on some fact or circumstance or upon such information that would create in his mind a reasonable and honest belief that the law was being violated. In this case the information was sufficient. It came from the defendant himself. The officer testified that,...
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