224 Mich. 8 | Mich. | 1923
Defendant was convicted of transporting and having in his possession intoxicating liquors and reviews his conviction on exceptions before sentence. The case was made to turn in the court below upon the validity of the arrest of defendant without a warrant, the liquor having been taken after such arrest. It is so made to turn in this court.
“There has been some testimony relative to the officer having received a telephone call from Garden, or from somewhere, to the effect that an automobile of a cer*10 tain number was coming into Manistique and was bearing liquor. It appears from the testimony of the officer that the person who gave that information did not disclose his name nor the source of his information, and I charge you that, if the officer arrested the respondent solely upon the information which he received over the telephone, the arrest was not lawful, for the reason that an officer has not the right to arrest a person without a warrant and upon information which is given anonymously, without the discloser of the informant and the source of his information. The officer cannot base a reasonable belief upon information which is secured in that way. * * *
“It is for you to say what the officer based his action upon. If you find, as I say, that he based it merely upon the telephone call which he received from Garden, and upon that alone, then I charge you that the arrest was not lawful and the respondent must be found not guilty. On the other hand, if you find that the officer made the arrest in the firm belief that the respondent was committing a felony, having intoxicating liquors in his possession, and that it was based on other information which he has disclosed to you, and if you further find that all this information which was taken into account by the officer at the time, was sufficient to induce in the mind of a reasonable person a reasonable belief that the respondent was then in the possession of intoxicating liquors, then the arrest was lawful, and it would be your duty to find the respondent guilty as charged. In order to justify an arrest there must be actual belief upon the part of the officer, based upon facts, actual facts creating a probable cause of belief in the guilt of the respondent.”
See People v. Bressler, 228 Mich. 597.
The conviction is affirmed, and the trial judge may proceed to judgment.