Michigan Court of Appeals· 9/1/2009

People v. Hyde

Citations

775 N.W.2d 833
285 Mich. App. 428

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

recognizing that the trial court must make factual findings when it rules on a motion to suppress physical evidence
concluding that the police officer’s observations, the defendant’s own admissions, the defendant’s “slurred speech and failure of two sobriety tests, and the physical beer bottle evidence” supported a conviction of operating a vehicle while under the influence of liquor
stating that the intoxication element “is disjunctive; that is, it can be satisfied in either of the two ways”
noting that “[t]he inevitable discovery doctrine, as applied by Michigan caselaw, permits the admission of evidence . . . if it can be shown by a preponderance of the evidence that the items found would have ultimately been obtained in a constitutionally accepted manner”
explaining a traffic stop is valid so long as the officer has an articulable and reasonable suspicion that the vehicle or its occupant is subject to seizure for a violation of law
reasoning that the evidence at issue in the case should have been excluded because, even though there was probable cause to obtain a warrant and the evidence would have been obtained through a warrant, the police were not in the process of obtaining the warrant at the time of the seizure

Source: CourtListener parenthetical corpus (CC0).

Judges: Whitbeck, P.J., and Davis and Gleicher

Read full opinion on CourtListener

Cited by

22 cases in this archive cite this case; the 20 most cited are listed.

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases named People v. Hyde

32 other CourtListener records share this case name.

Sourced from CourtListener / Free Law Project (CC0).

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