People v. Overall
| Decision Date | 13 June 1967 |
| Docket Number | Docket No. 2439,No. 2,2 |
| Citation | 7 Mich.App. 153,151 N.W.2d 225 |
| Parties | The PEOPLE of the State of Michigan, Plaintiff-Appellee, v. M. Allan OVERALL, Defendant-Appellant |
| Court | Court of Appeal of Michigan — District of US |
James E. Nichols, Birmingham, for appellant.
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., Lansing, S. Jerome Bronson, Pros. Atty., Oakland County, Pontiac, for appellee.
Before QUINN, P.J., and McGREGOR and ALLAN C. MILLER, * JJ.
By jury verdict, defendant was convicted of second degree murder 1 and was sentenced February 27, 1962 to prison for a term of 15 to 40 years. By this appeal, defendant questions the propriety of admitting in evidence a .380 automatic gun barrel, allegedly obtained by illegal search, and the denial of his motion for dismissal at the close of plaintiff's proofs on the basis a prima facie case had not been established. Prior to trial, defendant moved to suppress the above evidence, a hearing was had thereon, testimony was taken, and the motion was denied.
March 16, 1961, Richard White died of a gunshot wound inflicted on that date by a .380 calibre pistol. Testimony taken at the preliminary examination and on the motion to suppress disclosed that subsequent to March 16, 1961, police received information indicating defendant was involved in an armed robbery in which a .380 calibre automatic was used, that such a weapon had been seen in a bedroom occupied by defendant and another in a residence owned by defendant's grandmother, that heroin had been found at the scene of the White shooting, and that defendant was a user of heroin. Possessed of the foregoing information, 2 police officers and defendant's parole officer went to the grandmother's residence September 15, 1961 to arrest defendant for murder; they did not have a warrant for defendant's arrest nor a search warrant. About 10:00 A.M. of September 15, 1961, the officers placed the residence in question under surveillance but without covering the rear door. This continued until about 10:00 P.M., when the officers went to the door of the residence, knocked and inquired of defendant's father, who answered the door, if defendant was there. Receiving a negative answer, they asked permission to look through the house. The father referred the officers to the grandmother for an answer to this request. It is disputed whether she granted this permission, but the bedroom occupied by defendant and another was searched and a .380 automatic gun barrel, a home made syringe and 3 syringe needles were found. Ballistic tests indicated the bullet taken from White's body and a bullet from a wall at the scene of White's shooting had been fired through the gun barrel obtained by this search. A warrant for defendant's arrest was issued September 18, 1961, and he was later apprehended in Ohio.
Defendant contends that even if the grandmother authorized the search, such authorization is not binding on him, citing Stoner v. State of California (1964), 376 U.S. 483, 84 S.Ct. 889, 11 L.Ed.2d 856, Stoner, su...
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People v. Wagner
...that Hartranft had the right to consent to the search flies in the face of existing Michigan precedent. 2 See, People v. Overall, 7 Mich.App. 153, 151 N.W.2d 225 (1967), People v. Flowers, 23 Mich.App. 523, 179 N.W.2d 56 (1970), lv. den. 384 Mich. 780 (1970), People v. Frank Smith, 43 Mich.......
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People v. Chism
...Michigan Court of Appeals cases to support his position that his wife could not consent to the second seizure. In People v. Overall, 7 Mich.App. 153, 151 N.W.2d 225 (1967), the Court of Appeals ruled that the grandmother of the defendant who owned the premises where defendant resided could ......
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People v. Smith
...far to seek. It rests on the plain fact of human experience that rights easily waived are rights easily lost.' In People v. Overall (1967), 7 Mich.App. 153, 151 N.W.2d 225, our Court held that a third party may not consent to a search even of premises occupied and owned by him, if the searc......
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State v. Short, 12–1150.
...(5th Cir.1966) (finding a parolee is entitled to constitutional protection from illegal search and seizure); People v. Overall, 7 Mich.App. 153, 151 N.W.2d 225, 226–27 (1967) (invalidating warrantless search of parolee). For example, in United States v. Lewis, a federal district court held ......