Opinion

People v. Eddington

  • 387 Mich. 551
  • 198 N.W.2d 297
  • 1972 Mich. LEXIS 179
Court
Michigan Supreme Court
Filed
Jun 20, 1972
Status
Published
Author
Kavanagh
On the bench
Brennan, Swainson, Williams, Adams, Kavanagh
Cited by
103 cases

search warrant needed to enter residence of third party to arrest suspect

How later courts described this case

  • search warrant needed to enter residence of third party to arrest suspect
  • only probable cause to arrest needed to enter suspect’s home if there is a reasonable belief that he is there
  • the photographs depicted "the victims as they were found”
  • must look to reasonableness under all circumstances

Written by the judges who cited it.

The opinion

T. GL Kavanagh, J.

{concurring in result). I concur in the result reached by my Brother Adams, but I disagree with his stated reasons.

First, I am satisfied that it was reversible error to admit the photographs of the deceased victims of this crime. They were wholly irrelevant and served no other purpose than to prejudice the defendant.

Second, I am convinced the admission of the defendant’s shoes was reversible error for they were the product of an illegal search and seizure in violation of defendant’s Fourth Amendment rights.

On retrial I would bar the photographs and the shoes.

T. M. Kavanagh, C. J., concurred with T. Gr. Kavanagh, J.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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