|
No. 121698
| The
People of the State of Michigan |
|
Roy R. Kranz (989) 772-0911 |
|
Plaintiff-Appellant,
|
|
|
| vs (Appeal
from Ct of Appeals) |
|
|
|
(Isabella
-- Beale)
|
|
|
| Michael Brandon Scherf, |
|
John W. Lewis (989) 773-0004 |
|
Defendant-Appellee.
|
|
|
Click to view briefs in Adobe format:
Plaintiff-Appellant's Brief on Appeal>>
Defendant-Appellee's Brief on Appeal>>
Criminal Defense Attorneys of Michigan Amicus
Curiae Brief>>
Michigan Department of Attorney General Amicus
Curiae Brief>>
Prosecuting Attorneys Association of Michigan Amicus
Curiae Brief>>
Background
The defendant, Michael Brandon Scherf, pled guilty to manufacturing
with intent to deliver between five and forty-five kilograms of marijuana.
He was placed on Holmes Youthful Trainee status and sentenced to probation.
Scherf then allegedly violated his probation. The probation officer
filed a petition for a bench warrant, but the petition was not supported
by an affidavit as required by the Michigan Court Rules. Despite the
lack of affidavit, a district court judge issued a bench warrant for
Scherf's arrest. Scherf was arrested, and a related search revealed
that Scherf was carrying approximately seven grams of marijuana. He
was charged with possession of marijuana. Scherf moved to suppress the
evidence and dismiss the charges, arguing that the arrest was illegal
because the bench warrant petition was invalid. The district court denied
the motion, but Isabella County Circuit Judge Thomas A. Beale reversed.
There is no "good faith exception" to the exclusionary rule
in Michigan, the judge held. The Court of Appeals affirmed Judge Beale's
ruling, but said it did so only because it was bound by an earlier Court
of Appeals decision. The prosecution appeals.
|
