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People v. Perry

Michigan Court of Appeals
Jun 20, 1979
91 Mich. App. 79 (Mich. Ct. App. 1979)

Opinion

Docket Nos. 78-620, 78-621.

Decided June 20, 1979. Leave to appeal applied for.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William F. Delhey, Prosecuting Attorney, and David A. King, Assistant Prosecuting Attorney, for the people.

Charles Drukis, for defendant on appeal.

Before: D.C. RILEY, P.J., and V.J. BRENNAN and G.W. CROCKETT, JR., JJ.

Former Recorder's Court judge, sitting on the Court of Appeals by assignment pursuant to Const 1963, art 6, § 23 as amended in 1968.


Defendant was convicted in two separate trials of delivery of a controlled substance, heroin, contrary to MCL 335.341(1)(a); MSA 18.1070(41)(1)(a). He appeals as of right.

On September 29, 1975, Washtenaw County police officers placed a transmitter and tape recorder on the person of police informant William Bruce O'Neal. O'Neal then went to the 100 block of Ann Street in Ann Arbor where he purchased a small quantity of heroin from defendant. He returned on September 30, 1975, and made another purchase from defendant. These tapes were played at defendant's trials, over his objections.

In People v Hall, 88 Mich. App. 324; 276 N.W.2d 897 (1979), this Court relied on People v Beavers, 393 Mich. 554; 227 N.W.2d 511 (1975), cert den 423 U.S. 878; 96 S Ct 152; 46 L Ed 2d 111 (1975), and People v Livingston, 64 Mich. App. 247; 236 N.W.2d 63 (1975), to hold that a search warrant is required where an informant records a conversation with a defendant. The intrusion of privacy incurred where a participant transmits a conversation to a third party is equally present as where a participant records the conversation. Thus, defendant is entitled to the same protection from unreasonable searches and seizures. Const 1963, art 1, § 11.

Since no search warrant was procured in this case, it was reversible error to play the tape recordings into evidence. The defendant's convictions must be reversed.


Summaries of

People v. Perry

Michigan Court of Appeals
Jun 20, 1979
91 Mich. App. 79 (Mich. Ct. App. 1979)
Case details for

People v. Perry

Case Details

Full title:PEOPLE v PERRY

Court:Michigan Court of Appeals

Date published: Jun 20, 1979

Citations

91 Mich. App. 79 (Mich. Ct. App. 1979)
282 N.W.2d 14

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