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PEOPLE v. GILLAM

Docket No. 131276 (Calendar No. 10).

734 N.W.2d 585 (2007)

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Willie R. GILLAM, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 18, 2007.

Attorney(s) appearing for the Case

Michael A. Cox, Attorney General, Thomas L. Casey, Solicitor General, Stuart J. Dunnings, III, Prosecuting Attorney, and J. Nicholas Bostic, Assistant Prosecuting Attorney, Lansing, for the plaintiff.

Roman J. Tyszkiewicz, East Lansing, for the defendant.

David Gorcyca, President, Kym L. Worthy, Prosecuting Attorney, and Timothy A, Baughman, Chief of Research, Training, and Appeals, Detroit, for Prosecuting Attorneys Association of Michigan, amicus curiae.

OPINION

TAYLOR, C.J.

At issue in this case is whether repeated requests by police officers for defendant to come out of his apartment constituted constructive entry into his home for Fourth Amendment purposes, thereby invalidating his arrest without a warrant and rendering subsequently obtained evidence inadmissible. We conclude that even if we were to adopt the constructive entry doctrine recognized by several...

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