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One Court of Justice Blog

May 2017
19
May 19, 2017

MSC: Trial court has discretion to hold evidentiary hearing to determine if search warrant affidavit is sufficient for probable cause

In People v Franklin, No. 152840, the Michigan Supreme Court held that a trial court may exercise its discretion and hold an evidentiary hearing to review the veracity of an affidavit on which a search warrant is based to determine whether the search warrant was supported by probable cause. Under Franks v Delaware, 438 US 154 (1978), a trial court must hold a hearing at a defendant's request whenever a defendant offers evidence sufficient to demonstrate a substantial preliminary showing that the affiant made a false statement—knowingly and intentionally, or with reckless disregard for the truth—and the false statement was necessary to the finding of probable cause required to issue the warrant. However, in a unanimous opinion, the Court in Franklin determined that Franks merely governs when a trial court must hold an evidentiary hearing under the Fourth Amendment; however, even in the absence of a substantial preliminary showing under Franks, a trial court may hold an evidentiary hearing to review an affidavit supporting a search warrant to determine whether the warrant was supported by probable cause.
 
 

Apr 2017
09
April 09, 2017

COA: Although it imposes a tax, statute allowing trial courts to order criminal defendants to pay court costs is constitutional

The imposition of court costs on criminal defendants under MCL 769.1k(1)(b)(iii) is constitutional, said the Court of Appeals in People v Cameron, No. 330876. Addressing an issue the Court acknowledged had been challenged before but never settled by a published opinion, the Court held that although the statute imposes a tax on defendants, it is constitutional.

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