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02/26/76 PEOPLE v. EASTWAY

February 26, 1976

PEOPLE
v.
EASTWAY



Appeal from Kent, George v. Boucher, J.

T. M. Burns, P. J., and V. J. Brennan and M. F. Cavanagh, JJ.

SYLLABUS BY THE COURT

1. Arrest -- Warrants -- Private Security Officers -- Statutes.

A licensed private security officer in Michigan has the authority to arrest without a warrant in the same manner as a public police officer (MCLA 338.1080; MSA 18.185[30]).

2. Searches and Seizures -- Constitutional Law -- Arrest -- Private Security Officers -- Police Officers.

Constitutional rights of due process and freedom from unreasonable searches and seizures should be no less when the arrest and search is by a private security officer with police powers than when arrested or searched by a public police officer.

3. Searches and Seizures -- Evidence -- Exclusionary Rule -- Private Security Officers -- Police Officers.

Evidence discovered as a result of an unreasonable search and seizure conducted by a private security officer should be suppressed under the same exclusionary rule as would apply where the search or seizure was made by a public police officer.

4. Searches and Seizures -- Warrants -- Exclusionary Rule -- Consent.

A search and seizure where no warrant had been obtained is unreasonable per se unless shown to be within one of the exceptions to the exclusionary rule such as where the party consented to the search.

5. -- Evidence -- Silence.

A defendant's silence in the face of interrogation or accusatorial remarks may not be used against him at trial.

6. -- Evidence -- Criminal Record -- Fingerprints -- Parole Cards.

It is improper and has been held to be reversible error for the prosecution to give the jury information as to a defendant's past criminal record by reference to his fingerprints as already in police files or his ...


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