(Download) "People State Michigan v. Norman Henry" by Court of Appeals of Michigan # Book PDF Kindle ePub Free
eBook details
- Title: People State Michigan v. Norman Henry
- Author : Court of Appeals of Michigan
- Release Date : January 05, 1987
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 67 KB
Description
Defendant was charged with gross indecency between males, MCL 750.338; MSA 28.570. After extensive pretrial proceedings, defendant pled nolo contendere to disorderly conduct, MCL 750.167(1)(f); MSA 28.364(1)(f), conditioned upon his right to appeal the circuit court's denial of his motions to quash the information and to suppress certain evidence. Defendant was sentenced to one year's probation, fined $100 and ordered to pay court costs. He appeals as of right. We must reverse on the basis that the video surveillance of defendant in a public restroom stall, from overhead, was an unreasonable search. The events out of which the original charge against defendant arose occurred on November 9, 1983. On that date, defendant engaged in homosexual activity with another male in restroom stalls in the men's restroom at Cherryland Mall in Grand Traverse County. The activity of the two men was monitored and videotaped by a video camera placed in the ceiling of the restroom pursuant to two search warrants issued on October 31, and November 2, 1983. Defendant was filmed performing fellatio on the other male after which the second male masturbated defendant. All the activity took place below the partition dividing two of the bathroom stalls.