PEOPLE OF MI V LAMONT W NUNN
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
March 4, 2004
Plaintiff-Appellant,
v
No. 244803
Washtenaw Circuit Court
LC No. 02-000462-FH
LAMONT W. NUNN,
Defendant-Appellee.
Before: Cooper, P.J., and O'Connell and Fort Hood, JJ.
COOPER, P.J. (dissenting).
I respectfully dissent from the majority opinion. The police only obtained the search
warrant for defendant’s room after executing a separate search warrant for the person of Claude
Dennis. Notably, the statute governing the scope of search warrants, MCL 780.652, does not
provide for the seizure of criminal suspects. People v Johnson, 431 Mich 683, 689; 431 NW2d
825 (1988). While police had an outstanding arrest warrant for Mr. Dennis, they blatantly and
improperly used the search warrant as a pretext to enter defendant’s room. The search warrant
issued for defendant’s premises listed the narcotics that the police observed while looking for
Mr. Dennis as part of the facts establishing probable cause.
Accordingly, I would affirm the trial court’s decision in this case to suppress the
evidence.
/s/ Jessica R. Cooper
-1-
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