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PEOPLE v. GONZALES

Docket No. 47, Calendar No. 47,632.

356 Mich. 247 (1959)

97 N.W.2d 16

PEOPLE v. GONZALES.

Supreme Court of Michigan.

Decided June 5, 1959.

Attorney(s) appearing for the Case

Jerome F. O'Rourke, Prosecuting Attorney, and Edward P. Joseph, Assistant Prosecuting Attorney, for the people.

A. Matthew Buder, for defendant.

Amici Curiae:

Paul L. Adams, Attorney General, Samuel J. Torina, Solicitor General, and Daniel J. O'Hara, Assistant Attorney General, at the request of the Court on separate brief, for the people.

Civil Liberties Committee of the State Bar of Michigan, by Avern Cohn, Roger Nielsen, Elizabeth Stack, James Sullivan and T. Harrison Stanton.

EDWARDS, J.

This case poses 2 important questions. The first is: May police who stop an automobile on a Michigan highway to issue a traffic ticket also routinely search the automobile under Michigan law? We answer this question in the negative. The second is: Are certain amendments to the Michigan Constitution authorizing admission into evidence of concealed weapons, however seized outside the curtilage of a dwelling house, repugnant to the United States Constitution...

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