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LUCAS v. PEOPLE OF STATE OF MICHIGAN

No. 19198.

420 F.2d 259 (1970)

Johnnie LUCAS and Chester Sturgis, Plaintiffs-Appellees, v. PEOPLE OF the STATE OF MICHIGAN, Respondents-Appellants.

United States Court of Appeals Sixth Circuit.

January 5, 1970.

Attorney(s) appearing for the Case

Stewart H. Freeman, Lansing, Mich., for appellants; Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., James J. Wood, Asst. Atty. Gen., Lansing, Mich., on brief.

Samuel J. Posner, Detroit, Mich., for appellees.

Before PHILLIPS, Chief Judge, and CELEBREZZE and McCREE, Circuit Judges.

PHILLIPS, Chief Judge.

This is a habeas corpus case presenting the primary issue of whether there is a conflict between the Fourth Amendment to the Constitution of the United States, as construed in Mapp v. Ohio, 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081, and the last sentence of Article 1, § 11 of the Michigan Constitution of 1963, which is as follows:

"Searches and seizures. Sec. 11. The person, houses, papers and...

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