Appeal from Recorder's Court of Detroit, Thomas L. Poindexter, J.
D. E. Holbrook, P. J., and J. H. Gillis and M. J. Kelly, JJ.
1. -- Constitutional Law -- Arrest -- Probable Cause -- Police Reports -- Concealment -- Weapons.
There was sufficient probable cause for police officers to arrest two suspects for attempted armed robbery where the police were called to the scene of the arrest by a radio report that a robbery was feared, the license plate of the defendants' vehicle at the scene was covered by a rag, and one of the suspects, when ordered to halt, momentarily concealed himself in an area where a pistol and an unaccounted-for credit card were subsequently found.
2. Constitutional Law -- -- Right of Privacy -- Searches and Seizures -- Automobiles -- Public Streets -- Contraband -- Probable Cause -- Valid Arrest -- Evidence -- Admissibility.
There is no reasonable expectation of privacy in goods lying on the back seat of a car parked on a public street, and where police, subsequent to a valid arrest, had probable cause to believe that the suspects had been involved in an earlier robbery, and that contraband from that earlier robbery was present in their car, they had the right to look through the car's windows and to search it and seize the contraband inside and such evidence was properly admissible at trial.
3. -- Evidence -- Other Crimes -- Admissibility -- Motive -- Intent -- Design -- Common Scheme -- Statutes.
Evidence which tends to show that a defendant has committed crimes other than those charged is generally inadmissible at trial except where other acts of the defendant may tend to show his motive, intent, the absence of mistake or accident on his part, or the defendant's scheme, plan or system in doing the act in question (MCLA 768.27; MSA 28.1050).
The opinion of the court was delivered by: Gillis
Mark Gibson and Hillman Bradford, Jr., were convicted of armed robbery. Defendants appeal.
Defendants were charged with armed robbery, MCLA 750.529; MSA 28.797. On October 15, 1974, a jury convicted each defendant of the charged offense. Both were sentenced to a term of imprisonment from which they now appeal.
On Sunday, April 28, 1974, at approximately 2:45 p.m., an automobile occupied by two men pulled up to an apartment house in the northwest section of Detroit. The vehicle was parked a few feet from one of the units occupied by three women. One of the unit occupants was in the process of closing the draperies when she noticed two black men emerge from an old tan-colored Valiant automobile and enter the apartment building. In response to a knock, the women looked through a peephole in the door and observed the two men standing there. The women declined to open the door and the men then went upstairs to another apartment.
Shortly thereafter two of the women went outside and one of them jotted down the license number, NKV 610, of the car in question. Upon learning the following day that an upstairs resident, Richard Sander, had been robbed, the occupants turned over the license number to the victim.
Shortly before 4 p.m. on the day of the robbery, a vehicle pulled into the Riviera Motel located in the northwest section of Detroit. The manager of the motel observed two black men get out of "an old Valiant", cover up the license plate with a handkerchief and then proceed towards the office of the motel. As they approached, they apparently saw that there were several people in the office and so they returned to their automobile and drove off in a northwesterly direction on Grand River Avenue. The manager of the Riviera Motel then called the manager of the Mt. Vernon Motel and described the events that had just transpired. At approximately the same time as the above conversation concluded, the manager of the Mt. Vernon Motel noticed an old vehicle with two black men in it pull onto an adjacent street and park. Observing one of them cover the license plate number, he quickly called the Detroit police to report the incident. ...