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04/27/76 PEOPLE v. MOSS

April 27, 1976

PEOPLE
v.
MOSS



Appeal from Recorder's Court of Detroit, Michael J. Connor, J.

Leave to appeal applied for.

M. F. Cavanagh, P. J., and R. B. Burns and Quinn, JJ. R. B. Burns, J., concurred. M. F. Cavanagh, P. J. (dissenting).

SYLLABUS BY THE COURT

Opinion of the Court

1. Courts -- Common Pleas Court -- Authority of Court -- Searches and Seizures.

A Judge of the Detroit Common Pleas Court has the authority to issue a search warrant for premises within the City of Detroit.

2. Courts -- Police Courts -- Jurisdiction -- .

The original and exclusive jurisdiction of the former police court included the power to hear, try and determine criminal cases while the power to issue lawful writs and process, although existing, was not exclusive to the former police court.

3. Courts -- Recorder's Court -- Jurisdiction -- Search Warrants.

The original and exclusive jurisdiction of the recorder's court applied to prosecutions and proceedings for crimes and not to the proceedings for the issuance of search warrants, since proceedings for the issuance of search warrants are for the discovery of crime.

Dissent by M. F. Cavanagh, P. J.

4. Courts -- Common Pleas Court -- Authority of Court -- Searches and Seizures.

A Judge of the Detroit Common Pleas Court has no authority to issue a search warrant for premises ...


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