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180 Mich. App. 339

446 N.W.2d 891

People v. Jackson

Michigan Court of Appeals

Decided September 19, 1989

Michigan Court of Appeals · decided 1989-09-19

Cited by 10 later decisions — most recently July 2004

2 federal appellate · 6 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1989-09-19

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Weaver, J.

¶1(concurring). I concur in the result reached by my colleagues because the affidavit for search warrant provided to the district court in this case was so vague and overbroad that it could not be construed as providing an objectively reasonable basis for undertaking a search of the defendant.

¶2However, I do not agree that a good faith exception would not apply under some circumstances, consistent with the principles enunciated in United States v Leon, 468 US 897; 104 S Ct 3405; 82 L Ed 2d 677 (1984), reh den 468 US 1250 (1984), and Massachusetts v Sheppard, 468 US 981; 104 S Ct 3424; 82 L Ed 2d 737 (1984). Therefore I concur in the result only.

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