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PEOPLE v. SHERBINE

Docket No. 73179, (Calendar No. 10).

421 Mich. 502 (1984)

364 N.W.2d 658

PEOPLE v. SHERBINE

Supreme Court of Michigan.

Decided December 28, 1984.

Released February 1, 1985.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Edward J. Grant, Prosecuting Attorney, and Joseph A. Greenleaf, Chief Appellate Attorney, for the people.

Parker, Adams, Mazur & Matyjaszek, P.C. (by James D. Adams), for the defendant.

LEVIN, J.

This appeal presents two separate but interrelated questions regarding search warrant procedure in this state. The first is whether a search warrant based on an affidavit issued in violation of MCL 780.653; MSA 28.1259(3), is invalid, and evidence obtained is required to be excluded. The second is whether this Court should reject the "Aguilar1-Spinelli2 test" heretofore applied by Michigan...

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