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MI: Assault of officer during allegedly illegal arrest is not suppressable

By John Wesley Hall, Jr.

Even if defendant’s arrest was illegal, the exclusionary rule does not bar testimony of defendant assaulting the officer during the arrest. People v. Corr, 2010 Mich. App. LEXIS 1666 (January 19, 2010), ordered published March 9, 2010.* Defendant’s “false friend” argument [my words] that he did not consent to an undercover officer’s entry failed. He let in the officer for a drug deal, and that was consent. State v. Allison, 2010 Mo. App. LEXIS 1193 (September 14, 2010).* Defendant’s co-tenant consented to a search of the premises, and defendant was there and did not object. Woolverton v. State, 2010 Tex. App. LEXIS 7510 (Tex. App. – Texarkana September 14, 2010).* In a Garrison-type situation where officers arrived with a search warrant for one apartment and discovered two, they withdrew to determine what do to...continue to full post

Full post as published by Fourth Amendment on September 17, 2010 (boomark / email).