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Newell v. Allan

Supreme Court of Michigan
Mar 11, 2010
485 Mich. 1114 (Mich. 2010)

Opinion

No. 139766.

March 11, 2010.

Appeal from the Court of Appeals No. 285086.


Summary Disposition.

Pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we reverse part of the judgment of the Court of Appeals that reversed in part the summary disposition order of the Oakland Circuit Court. There was sufficient information in the search warrant affidavit to establish probable cause to issue the warrant even if the allegedly false statements are excluded. Because the warrant was therefore valid, see Franks v Dela-ware, 438 US 154; 98 S Ct 2674; 57 L Ed 2d 667 (1978), and People v Reid, 420 Mich 326; 362 NW2d 655 (1984), in this case, the Court of Appeals erred in reversing the trial court's dismissal of the false arrest/false imprisonment claim against defendant Allan


Summaries of

Newell v. Allan

Supreme Court of Michigan
Mar 11, 2010
485 Mich. 1114 (Mich. 2010)
Case details for

Newell v. Allan

Case Details

Full title:NEWELL v. ALLAN

Court:Supreme Court of Michigan

Date published: Mar 11, 2010

Citations

485 Mich. 1114 (Mich. 2010)
779 N.W.2d 91