People v. Green

• Decision Date: 21 July 1976
• Docket Number: Docket No. 26578
• Citation: 70 Mich.App. 311,245 N.W.2d 730
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Edmond GREEN, Defendant-Appellee.
• Court: Court of Appeal of Michigan — District of US

Page 730

245 N.W.2d 730

70 Mich.App. 311

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Edmond GREEN, Defendant-Appellee.

Docket No. 26578.

Court of Appeals of Michigan.

July 21, 1976.

Rehearing Denied Sept. 7, 1976.

Released for Publication Oct. 7, 1976.

Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Patricia J. Boyle, Appellate Chief Asst. Pros. Atty., Robert M. Morgan, Asst. Pros. Atty., for plaintiff-appellant.

Ward F. McDonough, Detroit, for defendant-appellee.

Before T. M. BURNS, P.J., and R. B. BURNS and V. J. BRENNAN, JJ.

V. J. BRENNAN, Judge.

Defendant, Edmond Green, and a co-defendant, Donald Thomas, were charged with felony murder, M.C.L.A. § 750.316; M.S.A. § 28.548, and armed robbery, M.C.L.A. § 750.529; M.S.A. § 28.797. On February 28, 1975, an examination was held before the Honorable Dalton A. Roberson and both defendants were bound over as charged. Subsequently Donald Thomas pled guilty on June 17, 1975, to murder in the second-degree and was sentenced on July 8, 1975, to 20 to 30 years imprisonment. At a pretrial motion held on June 13, 1975, the trial judge, the Honorable Henry Heading, quashed the information and suppressed defendant's confession.

Thereafter a new complaint and warrant were issued by the Honorable Samuel Brezner and a preliminary examination was conducted before the Honorable John P. O'Brien sitting in as the examining magistrate on June 24, 1975. The defendant was bound over for trial. The case was again assigned to Judge Henry Heading who thereafter granted defendant's motion to quash the information and suppress the confession on November 25, 1975, due to a lack of probable cause for arrest. The people appeal from this ruling.

At the preliminary examination conducted on June 24, 1975 the following testimony was given. Sergeant Richard Davies of the Homicide Division, Squad 7, testified that on February 16, 1975, at 8 a.m. he learned of the robbery-murder which occurred five and one-half hours before, at 2:30 a.m. He learned of the license number of the car used in the robbery as well as the fact that there were two perpetrators and he had a general description of them. The description of the men he received in the police reports of the robbery murder was that 'one of the men, that was a black male in his twenties, one of them was approximately six foot, one, medium build, medium afro, medium complexion and the other man was the same age, a little shorter than the six foot-one man'.

Officer Davies further testified that he learned through the Secretary of State that the car was registered to Donald Thomas, at the address of 58 Tyler, Highland Park. He went to that address where he spoke to a citizen, Robert Green, who had indicated that Donald Thomas did not live there. Sergeant Davies then proceeded to the Highland Park Police Station where he made an inquiry in an effort to locate the whereabouts of Donald Thomas and learn the identity of his associate. An acquaintance of Donald Thomas was incarcerated in the Highland Park Police Station at the time and he informed Sergeant Davies that Thomas lived at 224 Cortland and he identified the location of the apartment. The acquaintance informed Sergeant Davies that Thomas was 'currently running with a man named Edmond Green'.

The officers proceeded immediately to the above address where they observed the Ford Pinto with license number TYK--552 which fit the information related by the eyewitnesses to the robbery-murder. When they knocked on the apartment door a man later identified as Ronald Thomas indicated that Donald Thomas was there. Inside the officers observed both Donald Thomas standing in his underclothes and Edmond Green, defendant, also in his underclothes, lying down on the couch. The officers observed two pistols lying on a bed immediately to the left of the door. Sergeant Davies also testified that he had prior knowledge that two pistols had been used in the robbery-murder.

Officer Davies testified that all three men matched the general description he had received. All three men were arrested. The men were taken to the Police Headquarters, Homicide Section. Defendant Green, was informed of his constitutional rights prior to questioning at the Police Headquarters. Defendant Green then confessed to the commission of the crime.

On Appeal, prosecution argues that sufficient probable cause was established and that the trial court reversibly erred in quashing the information against defendant. We agree.

The statute relating to arrest in the State of Michigan allows the police to place a person in custody without a warrant where 'he has reasonably cause to believe that a felony has been committed and reasonable cause to believe that such person has committed it'. M.C.L.A. § 764.15(d); M.S.A. § 28.874(d). People v. Hintz, 62 Mich.App. 196, 200, 201--202, 233 N.W.2d 228 (1975).

At the moment of the arrest, the record discloses Officer Davies possessed the following facts: he knew a robbery-murder took place on February 16, 1975, at 2:30 a.m. He knew the license number of the automobile used in the robbery. He knew that two men perpetrated the robbery-murder and that the men were black males who looked approximately the same, one being about six foot one in height, the other a little shorter. Both had medium builds, were in their 20's, had medium afro haircuts, and medium complexions. He ascertained the address of the person under whose name the suspect automobile was registered, Donald Thomas. He learned from an acquaintance of Donald Thomas that Thomas was 'running with Edmond Green'. He went to the address where Thomas was believed to be and saw the suspect automobile parked outside. He was admitted to the apartment by a man later identified as Ronald Thomas. Defendant and Donald Thomas were present inside. He entered the apartment and saw two pistols lying on a stand. He knew pistols were used in the robbery-murder.

Officer Davies took all three men into custody. We believe sufficient facts existed upon which the officer could justify an arrest. People v. Gunn,48 Mich.App. 772, 211 N.W.2d 84 (1973). In Gunn, several persons found in defendant's house were arrested along with defendant on a first-degree murder charge upon the 'honest belief that an offense had been committed and that one or more occupants' present had perpetrated the crime. Id. at 778. The situation here is not distinguishable when one or more of the occupants in Thomas's apartment were reasonably believed to have committed the felony. The arrest was not illegal there. Neither was it here.

Having determined the arrest was proper, we need only rule that the confession would not be inadmissible because of an illegal arrest. We would leave any issue as to its voluntariness to the trial court. People v. Walker,374 Mich. 331, 132 N.W.2d 87 (19...