PEOPLE v. DAVIS
442 Mich. 1 (1993)
497 N.W.2d 910
Docket No. 92172, (Calendar No. 3).
Supreme Court of Michigan.
Argued October 13, 1992.
Decided March 2, 1993.
Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, for the people.
Bellanca, Beattie & De Lisle, P.C. (by Frank D. Eaman), for the defendant.
We have been asked to determine
whether the Court of Appeals erroneously reversed a trial court suppression of evidence seized in a search without a warrant of a motel room following a telephone report of gunfire at that location. We respond in the affirmative and accordingly reverse the Court of Appeals and reinstate the trial court's decision.
The following facts were elicited during an evidentiary hearing in Detroit Recorder's Court on November 2, 1989. On August 4, 1989, Detroit Police Officers Lynn Brown and Royce Hill were on uniformed patrol in Scout Car 7-5. At 5:35 P.M., the two officers heard a radio dispatch directing Scout Car 7-7 to go to the Belmar Motel, at 3250 East Jefferson in downtown Detroit. The exact words of the broadcast were "7-7, 3250 East Jefferson, Belmar Motel, Room 33 or 34, ah, desk clerk says shots fired." Although this dispatch did not direct them to go to the scene, Officers Brown and Hill did so because they were nearby.
When the officers arrived at the Belmar, they parked their car in front of the motel, adjacent to the office. They observed no unusual activity in or around the motel. They did not speak to the desk clerk or the manager, but instead went directly to the rooms. The officers approached room 33 first, testifying that they did so because it was the first one they came to. As they approached the door to room 33, Officer Brown had drawn his service revolver, and Officer Hill was carrying a shotgun in one hand and a flashlight in the other. The officers knocked on the door, announcing either "police," or "police, open up."
In response to this knocking, defendant Davis
peeked out from between the curtains and looked at the officers, who were standing there with guns drawn. She left the window and the curtains fell back into place. The officers continued to knock and announce their presence, but defendant did not respond. As time passed, the police became more suspicious that defendant was trying to hide something, and continued their attempts to get a response.