People v. Meyer, Docket No. 67347

• Court: Court of Appeal of Michigan (US)
• Writing for the Court: MacKENZIE; MEGARGLE; J.H. GILLIS; J.H. GILLIS
• Citation: 346 N.W.2d 878,131 Mich.App. 812
• Parties: PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Paul Edward MEYER, Defendant-Appellee. 131 Mich.App. 812, 346 N.W.2d 878
• Docket Number: Docket No. 67347
• Decision Date: 16 March 1984

Page 878

346 N.W.2d 878 PEOPLE of the State of Michigan, Plaintiff-Appellant,
v.
Paul Edward MEYER, Defendant-Appellee. Docket No. 67347.
131 Mich.App. 812, 346 N.W.2d 878 Court of Appeals of Michigan. Submitted Nov. 4, 1983.
Decided Feb. 6, 1984.
Released for Publication March 16, 1984.

Page 879

[131 MICHAPP 814] Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., James J. Gregart, Pros. Atty., and Robert E.L. Wright, Asst. Pros. Atty., for the People.

James E. Vander Roest, Kalamazoo, for defendant-appellee.

Before MacKENZIE, P.J., and GILLIS and MEGARGLE ^*, JJ.

MacKENZIE, Presiding Judge.

The prosecutor appeals as of right from the trial court's order dismissing the charge against defendant of delivery of less than 50 grams of a mixture containing a controlled substance, cocaine, M.C.L. Sec. 333.7401(2)(a)(iv); M.S.A. Sec. 14.15(7401)(2)(a)(iv). The alleged offense occurred [131 MICHAPP 815] on or about October 21, 1981, in the City of Parchment, Michigan. Prior to trial, defendant moved for a hearing on his defense of entrapment pursuant to People v. Turner, 390 Mich. 7, 210 N.W.2d 336 (1973). The facts adduced at the hearing were as follows:

In September and October, 1971, Dale Carpenter, a Kalamazoo City Police Officer and the complainant herein, was working undercover in the investigation of controlled substance offenses. The investigation had focused on defendant's girlfriend, among others. Carpenter met defendant's girlfriend for the first time on September 28, 1981. On that day, Carpenter went to the residence she shared with defendant in Kalamazoo and purchased from her a small amount of LSD. Defendant witnessed this transaction. On the following day, Carpenter returned to the Kalamazoo residence to purchase some LSD from another acquaintance of defendant. While there, Carpenter purchased one ounce of marijuana from defendant.

Sometime before October 21, 1983, defendant and his girlfriend moved from the City of Kalamazoo to the City of Parchment, Michigan. At approximately 6:45 p.m. on October 21, 1981, Carpenter called defendant's girlfriend in reference to purchasing some cocaine. About 8:30 p.m. that same night, defendant called Carpenter and advised Carpenter that he could purchase a gram of cocaine from him. Carpenter then drove to defendant's Parchment apartment and gave defendant $105. Defendant left the apartment and later returned with a packet suspected to contain cocaine, which he gave to Carpenter. Defendant was not arrested until several months later in March of 1982.

The trial court questioned Carpenter regarding [131 MICHAPP 816] his authority to operate in the City of Parchment. It is undisputed that the undercover operations were not in conjunction with the Parchment Police Department, the Kalamazoo County Sheriff's Department, or the Michigan State Police. The trial judge stated that he was not aware of any authority permitting an officer to operate outside his jurisdiction when such operation is not in conjunction with another law enforcement agency. The trial judge concluded that the actions of Officer Carpenter were without legal sanction and sua sponte dismissed the complaint against defendant.

Under M.C.L. Sec. 764.2a; M.S.A. Sec. 28.861(1):

"A peace officer of a county, city, village, or township of this state may exercise authority and powers outside his own county, city, village, or township, when he is enforcing the laws of this state in conjunction with the Michigan state police, or in conjunction with a peace officer of the county, city, village, or township in which he may be, the same as if he were in his own county, city, village, or township."

While admitting that Officer Carpenter's undercover purchase of cocaine from defendant in Parchment was not in conjunction with or authorized by any other law enforcement agency as required by the above statute, the prosecution...