Appeal from Recorder's Court of Detroit, Joseph A. Gillis, J.
Danhof, P. J., and McGregor and N. J. Kaufman, JJ.
1. Searches and Seizures -- Incident to an Arrest -- Premises -- Area of Control.
The concept of search incident to an arrest is limited to the search of the arrestee's person and the area within his immediate control and cannot be used to justify the search of the entire premises in which the defendant was arrested.
2. Searches and Seizures -- Premises -- Consent -- Burden of Proof.
The burden of proof is upon the prosecution to show that a person who was not the defendant who gave her consent to a search was authorized to do so and did so freely and voluntarily where it is claimed by the prosecution that consent to the search of the premises was freely given.
3. Searches and Seizures -- Consent -- Premises -- Owner and Tenant -- Joint Ownership -- Joint and Several Ownership -- Suppression Hearing -- Evidence -- Hearsay.
An owner may not give consent to a search of the premises of a tenant unless such consent is contractually provided; a joint or joint and several owner may consent to a search of commonly used areas, but not a search of defendant's private room; hearsay evidence and testimony of a defendant which may be inadmissible at a trial may be admitted at a suppression hearing to determine the fact of joint ownership and consent.
4. Searches and Seizures -- Harmless Error -- Identification.
The admission of evidence seized during an improper search and seizure cannot be held as harmless error where the record does not show adequate identification of defendant by other means and little detail of the nature of the police investigation was presented; when the record is insufficient to show that the error was harmless, the conviction must be reversed and the matter remanded for a new trial.
5. -- Prior Convictions -- Pretrial -- Impeachment.
A pretrial determination should be made by the trial court as to whether a defendant's prior convictions should be used for impeachment purposes.
The opinion of the court was delivered by: Kaufman
Alonzo F. Taylor was convicted of armed robbery. ...