Michigan v. Vanderpool (Opinion on Application)Annotate this Case
While conducting a probation compliance check on defendant John D. Vanderpool’s house, a probation agent found heroin. Defendant admitted that the heroin belonged to him. A few weeks later, defendant was arrested and was again found in possession of heroin. He was charged with two counts of possession with intent to deliver heroin and with violating probation. Defendant moved to suppress evidence from the compliance check, arguing that the search was illegal because he was not on probation at the time of the search, but the circuit court denied the motion. Defendant pleaded no contest to having violated probation and to having possessed less than 25 grams of a controlled substance, second offense. Defendant appealed, arguing that because he was not on probation when his home was searched, the search was unlawful. The Michigan Supreme Court agree: while the circuit court attempted to extend defendant’s probation before the compliance check, because the term of probation had already expired, the court did not have the authority to extend it. Consequently, the warrantless search of defendant’s home was not justified.