Order Michigan Supreme Court
Lansing, Michigan
March 11, 2010 Marilyn Kelly,
Chief Justice
139766 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
CURTIS LEE NEWELL, Diane M. Hathaway,
Plaintiff-Appellee, Justices
v SC: 139766
COA: 285086
Oakland CC: 2006-076539-CZ
CHAD ALLAN,
Defendant-Appellant,
and
BRENT MILES and COUNTY OF OAKLAND,
Defendants.
_________________________________________/
On order of the Court, the application for leave to appeal the July 2, 2009
judgment of the Court of Appeals is considered, and, pursuant to MCR 7.302(H)(1), in
lieu of granting leave to appeal, we REVERSE that part of the judgment of the Court of
Appeals that reversed in part the summary disposition order of the Oakland Circuit Court.
There was sufficient information in the search warrant affidavit to establish probable
cause to issue the warrant even if the allegedly false statements are excluded. Because
the warrant was therefore valid, see Franks v Delaware, 438 US 154; 98 S Ct 2674; 57 L
Ed 2d 667 (1978), and People v Reid, 420 Mich 326; 362 NW2d 655 (1984), in this case,
the Court of Appeals erred in reversing the trial court’s dismissal of the false arrest/false
imprisonment claim against defendant Allan.
I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
March 11, 2010 _________________________________________
y0303 Clerk