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PEOPLE v. PAYNE

Docket No. 74429, (Calendar No. 16).

424 Mich. 475 (1985)

381 N.W.2d 391

PEOPLE v. PAYNE

Supreme Court of Michigan.

Decided December 30, 1985.

Released February 18, 1986.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Louis J. Caruso, Solicitor General, Gerald L. White, Prosecuting Attorney, and Richard E. Priehs, Assistant Prosecuting Attorney, for the people.

Durance & Rhead (by Robert J. Rhead) for the defendant.

RYAN, J.

The issue in this case is whether a valid search warrant may be issued by a district court magistrate who is also a deputy sheriff. The circuit court concluded that the warrant was invalid, but the Court of Appeals reversed. We agree with the circuit court and reverse the decision of the Court of Appeals.

I

The defendant is charged in a four-count information with two counts of unlawfully driving away an automobile1

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