People v. Perry
282 N.W.2d 14
Mich. Ct. App.
1979
Check Treatment
Per Curiam.

Defendant was convicted in two separate trials of delivery of a controlled substance, heroin, contrary to MCL 335.341(l)(a); MSA 18.1070(41)(l)(a). He appeals as of right.

On September 29, 1975, Washtenaw County police officers placed a transmitter and tape recorder on the person of police informant William Bruce O’Neal. O’Neal then went to the 100 block of Ann Street in Ann Arbor where he purchased a small quantity of heroin from defendant. He returned on September 30, 1975, and made another purchase from defendant.. These tapes were played at defendant’s trials, over his objections.

In People v Hall, 88 Mich App 324; 276 NW2d 897 (1979), this Court relied on People v Beavers, 393 Mich 554; 227 NW2d 511 (1975), cert den 423 US 878; 96 S Ct 152; 46 L Ed 2d 111 (1975), and People v Livingston, 64 Mich App 247; 236 NW2d 63 (1975), to hold that a search warrant is required where an informant records a conversation with a defendant. The intrusion of privacy incurred where a participant transmits a conversation to a third party is equally present as where a participant records the conversation. Thus, defendant is entitled to the same protection from unreasonable searches and seizures. Const 1963, art 1, § 11.

Since no search warrant was procured in this *81 case, it was reversible error to play the tape recordings into evidence. The defendant’s convictions must be reversed.