People v. Licavoli
| Citation | 245 Mich. 202,222 N.W. 102 |
| Decision Date | 04 December 1928 |
| Docket Number | Oct. Term.,No. 130,130 |
| Parties | PEOPLE v. LICAVOLI. |
| Court | Supreme Court of Michigan |
OPINION TEXT STARTS HERE
Certiorari to Recorder's Court of Detroit; Thomas M. Cotter, Judge.
Pete Licavoli was prosecuted for violation of law forbidding the carrying of concealed weapons, and to review an order denying his motion to suppress the evidence, he brings certiorari. Affirmed.
Argued before the Entire Bench.
George R. Buckley, of Detroit, for appellant.
Wilber M. Brucker, Atty. Gen., and Robert M. Toms, Pros. Atty., and William D. Brusstar, Asst. Pros. Atty., both of Detroit, for the People.
Officers searched defendant and found a .45 caliber Smith & Wesson revolver concealed upon his person. He was prosecuted for violating section 5, Act 372, Public Acts 1927. We here review by certiorari an order made by the recorder's court of Detroit denying his motion to suppress the evidence (the revolver). We shall not discuss the propriety of the remedy, or whether defendant is in position to seek the aid of this court in the premises, as we are clearly of opinion that the ruling must upon this record be affirmed.
On certiorari we only review questions of law. If there is testimony in the record sustaining the ruling, and it is correct as matter of law, the order should be affirmed. The rule is pretty well settled that, if an officer believes, and has good reason to believe, that one has committed a felony, or is committing a felony in his presence, he has probable cause, as the term is used, and may arrest without a warrant and search him before confining him in jail. The grounds on which such relief is based must, of course, appear. If the testimony establishes prima facie that the officers in the instant case had such probable cause, then the revolver taken from his person should not be excluded from the case. The officers had been looking for defendant to question him; they found him and another sitting in a parked automobile about 1:30 o'clock in the afternoon; one of the officers testified on direct examination:
‘A. We drove up and we had been looking for him for some time to question him about a hijack, and as we drove up alongside of his car, he started squirming around as if going for something from his pocket and we think that he was reaching for a gun and we jumped out of the car and walked over to the side, and he continued reaching for the back, and I threw my gun and covered him and told him not to draw it, and took him out...
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People ex rel. Winkle v. Bannan, 58
... ... Facts which indicate probable cause to believe a felony is being committed have many times been held to render 'reasonable' within constitutional terms a search and seizure without warrant. People v. Licavoli ... ...
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People v. Blessing
...Mich. 209, 207 N.W. 801; People v. Nutter, 255 Mich. 207, 237 N.W. 384; People v. Lee, 371 Mich. 563, 124 N.W.2d 736.2 People v. Licavoli, 245 Mich. 202, 222 N.W. 102; People v. Miller, 245 Mich. 115, 222 N.W. 151; People v. Lewis, 269 Mich. 382, 257 N.W. 843; People v. Gonzales, 356 Mich. ......
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People v. Walker
...to believe, that a person has committed a felony or is committing a felony that he may arrest him without a warrant. People v. Licavoli, 245 Mich. 202, 222 N.W. 102 (1928); People v. Orlando, 305 Mich. 686, 9 N.W.2d 893 (1943); People v. Bommarito, 309 Mich. 139, 14 N.W.2d 812 (1944) and Pe......
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People v. Gonzales
... ... Facts which indicate probable cause to believe a felony is being committed have many times been held to render 'reasonable' within constitutional terms a search and seizure without warrant. People v. Licavoli, 245 Mich. 202, 222 N.W. 102; People v. Miller, 245 Mich. 115, 222 N.W. 151; People v. Orlando, 305 Mich. 686, 9 N.W.2d 893; Scher v. United States, 305 U.S. 251, 59 S.Ct. 174, 83 L.Ed. 151; C.L.1948, § 764.15 (Stat.Ann.1954 Rev. § 28.874) ... On the other hand, the fact of a ... ...