People v. Kinsley

Michigan Court of Appeals

People v. Kinsley

38 Mich. App. 191

CourtMichigan Court of Appeals

DecidedJanuary 25, 1972

DocketDocket No. 11053

StatusPublished

Cited by1 cases

This text of 38 Mich. App. 191 (People v. Kinsley) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Kinsley, 38 Mich. App. 191 (Mich. Ct. App. 1972).

Pincite

Opinion

Per Curiam.

The defendant was convicted of unlawful possession of a narcotic drug, contrary to MCLA 335.153; MSA 18.1123.

[192]*192The defendant was arrested for violation of parole. Prior to incarceration all persons are searched and an inventory is made of their belongings. During such a procedure in this case, marijuana was discovered on the defendant.

Defendant moved to suppress the evidence and the motion was denied.. He claims the trial court erred in denying the motion.

The Fourth Amendment¹ prohibits unreasonable searches. A search of a prisoner to inventory his possessions prior to incarceration is not an unreasonable search. Charles v United States, 278 F2d 386 (CA 9, 1960); State v Stevens, 26 Wis 2d 451; 132 NW2d 502 (1965). See concurring opinion of Judge Levin in People v Henry Robinson, 37 Mich App 115,119 (1971).

Affirmed.

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Per Curiam.

The defendant was convicted of unlawful possession of a narcotic drug, contrary to MCLA 335.153; MSA 18.1123.

[192]*192The defendant was arrested for violation of parole. Prior to incarceration all persons are searched and an inventory is made of their belongings. During such a procedure in this case, marijuana was discovered on the defendant.

Defendant moved to suppress the evidence and the motion was denied.. He claims the trial court erred in denying the motion.

The Fourth Amendment¹ prohibits unreasonable searches. A search of a prisoner to inventory his possessions prior to incarceration is not an unreasonable search. Charles v United States, 278 F2d 386 (CA 9, 1960); State v Stevens, 26 Wis 2d 451; 132 NW2d 502 (1965). See concurring opinion of Judge Levin in People v Henry Robinson, 37 Mich App 115,119 (1971).

Affirmed.

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Bluebook (online)

38 Mich. App. 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kinsley-michctapp-1972.

Opinion

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