People v. Siemieniec, 65
| Decision Date | 04 December 1962 |
| Docket Number | No. 65,65 |
| Citation | 368 Mich. 405,118 N.W.2d 430 |
| Parties | , 100 A.L.R.2d 522 PEOPLE of the State of Michigan, Plaintiff and Appellee, v. Bernice SIEMIENIEC, Defendant and Appellant. |
| Court | Michigan Supreme Court |
Frank J. Kelley, Atty. Gen., Joseph B. Bilitzke, Sol. Gen., Ronald H. Lange, Pros. Atty. for Berrien County, St. Joseph, for plaintiff and appellee.
Gore & Williams, Benton Harbor, for defendant and appellant.
Before the entire bench, except ADAMS, J.
SOURIS, Justice (for reversal).
In People v. Wright, 367 Mich. 611, 116 N.W.2d 786, we affirmed an order of the circuit court quashing an information because it was based upon evidence seized by authority of a search warrant issued upon affidavit reciting observation of facts 6 days prior to its making. Our decision was based upon the failure of the affidavit to assert facts indicating continuance of the alleged illegal activity from the time of the affiant's observations to the time of his making the affidavit. We applied the rule found in People v. Chippewa Circuit Judge, 226 Mich. 336, 197 N.W. 539, that no warrant may issue except upon a showing that facts exist at the time of issuance to justify such a 'special proceeding * * * hedged by strict constitutional provisions.'
In the case at bar, defendant was convicted for violation of C.L.1948, § 436.32 (Stat.Ann.1957 Rev. § 18.1003), the information charging that on September 21, 1958 she 'unlawfully did offer for sale, keep for sale, barter, furnish, import, import for sale, transport for sale, or possess for sale, a large quantity of wine, whiskey, beer, mixed liquors or alcoholic liquor, without having first filed a bond with, and without having a license from, the Liquor Control Commission of the State of Michigan.' The evidence upon which she was convicted was obtained on the date of the alleged offense by state police officers armed with a search warrant. The search warrant was issued by a justice of the peace on September 17 upon complaint and affidavit made on that date by a police officer. In his affidavit, the officer stated that he had observed defendant and her husband 4 days earlier furnishing 'alcoholic spirits to certain [persons] in return for money and in return for the presentation of certain tickets or cards previously issued by the said Stanley Siemieniec and Bernice Siemieniec, the same being furnished in particular to the affiant herein at said time and place.'
Defendant's motion to quash the information and to...
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