PEOPLE v. LAPWORTH

Docket No. 271142.

730 N.W.2d 258 (2006)

273 Mich. App. 424

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Kevin Craig LAPWORTH, Defendant-Appellee.

Court of Appeals of Michigan.

Decided December 28, 2006, at 9:10 a.m.

Released for Publication March 14, 2007.


Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Chrystal R. Roach, Prosecuting Attorney, and Ellsworth J. Stay, Jr., Chief Assistant Prosecuting Attorney, for the people.

Rick A. Prysock, Fremont, for the defendant.

Before: JANSEN, P.J., and SAWYER and BANDSTRA, JJ.


SAWYER, J.

We granted leave to appeal in this case to address the question whether an invocation of the right to counsel constitutes an objection to the consent given by a cotenant to enter a residence, thereby negating that consent. We hold that a mere invocation of the right to counsel, or the right to remain silent for that matter, following an advice of rights does not constitute an express objection to a consensual entry into the premises and, therefore, is insufficient...

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