PEOPLE v. REID

Docket Nos. 67451, 68939. (Calendar Nos. 22, 23).

420 Mich. 326 (1984)

362 N.W.2d 655

PEOPLE v. REID PEOPLE v. JORDAN

Supreme Court of Michigan.

Decided December 28, 1984.

Released January 15, 1985.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and Thomas S. Richards, Assistant Prosecuting Attorney, for the people.

Vincent D. Giovanni for defendant Reid.

Gerald M. Lorence for defendant Jordan.

Amicus Curiae:

State Appellate Defender (by Sheila N. Robertson).


LEVIN, J.

The question presented in these consolidated cases is whether a defendant in a criminal case may, after a conditional plea of guilty, appeal a decision denying a motion to suppress evidence.

We hold that he may do so where, as here, the defendant could not be prosecuted if his claim that a constitutional right against unreasonable search and seizure was violated is sustained and the defendant, the prosecutor, and the judge have agreed to the conditional...

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