People v. Mosley
| Decision Date | 02 June 1977 |
| Docket Number | No. 59171,59171 |
| Citation | 254 N.W.2d 29,400 Mich. 181 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Richard Bert MOSLEY, Defendant-Appellant. |
| Court | Michigan Supreme Court |
Timothy A. Baughman, Asst. Prosecutin Atty., Wayne County, Detroit, for plaintiff-appellee.
Carl Ziemba, Detroit, for defendant-appellant.
On April 5, 1972, the defendant was found guilty by a jury on one count of felony murder in violation of M.C.L.A. § 750.316; M.S.A. § 28.548. The Court of Appeals reversed defendant's conviction, finding that defendant's confession had been obtained in violation of Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); People v. Mosley, 51 Mich.App. 105, 214 N.W.2d 564 (1974), leave to appeal denied 392 Mich. 764 (1974). Upon grant of the people's application for writ of certiorari, the United States Supreme Court vacated that holding and remanded the case for further consideration. Michigan v. Mosley, 423 U.S. 96, 96 S.Ct. 321, 46 L.Ed.2d 313 (1975).
The Court of Appeals reversed defendant's conviction and granted a new trial because the trial court improperly announced to the jury its finding that as a matter of law defendant's confession to the police was voluntary. The Court of Appeals refused to hold that defendant's arrest was illegal and that defendant's confession was a direct result of that illegal arrest. People v. Mosley (On Remand), 72 Mich.App. 289, 249 N.W.2d 393 (1976).
Defendant has filed an application for leave to appeal arguing that the police lacked probable cause to arrest him and that admission into evidence of his confession was error.
Defendant's arrest was based on an anonymous tip which did not verify itself. Cf. Draper v. United States, 358 U.S. 307, 79 S.Ct. 329, 3 L.Ed.2d 327 (1959). The tip was not corroborated by other evidence providing a basis for a reasonable belief that defendant had committed the crime.
Defendant was taken to the police station immediately after his arrest and interrogated by the arresting police officer. A couple of hours later he was turned over to a homicide detective who interrogated defendant about the crime. Eventually defendant confessed. The record of the testimony taken at defendant's Walker hearing (see People v. Walker (On Rehearing), 374 Mich. 331, 132 N.W.2d 87 (1965)), discloses that the police lacked probable cause to arrest defendant and that the people failed to sustain the burden of showing that the confession was free of the primary taint of defendant's illegal arrest. Brown v. Illinois, 422 U.S. 590, 95 S.Ct. 2254, 45 L.Ed.2d 416 (1975). Admission into...
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