223 Mich. 289 | Mich. | 1923
On July 20, 1922, police officers entered defendant’s near beer saloon in Detroit. Two persons were in front of the bar. Defendant was behind it. One officer went to the end of the bar from which place he saw a “bottle of whisky standing in back of the bar,” on the service bar. He saw the label, “Im
The officer was in a public place. From his place without the bar, where he had a right to be, he saw the whisky, the possession of which constituted a felony. He discovered the defendant committing a felony. No search was needed to establish that fact. The whisky stood in plain view. It was the duty of the officer to take the defendant into custody and to seize the whisky. He did both practically simultaneously. He violated no provision of the Constitution. See People v. Woodward, 220 Mich. 511; People v. Margolis, 220 Mich. 431; People v. Case, 220 Mich. 379.
Other questions suggested do not merit discussion. We find no reversible error.
Judgment affirmed.