Order Michigan Supreme Court
Lansing, Michigan
February 8, 2013 Robert P. Young, Jr.,
Chief Justice
Michael F. Cavanagh
Stephen J. Markman
145967 Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack,
Justices
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 145967
COA: 305466
Saginaw CC: 10-034594-FC
FRANK ARTHUR CROWELL,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the August 14, 2012
judgment of the Court of Appeals is considered and, it is DENIED, because we are not
persuaded that the questions presented should be reviewed by this Court. Defendant
argues that the warrantless search of the contents of his cell phone based solely on the
third-party consent of the complainant violated his Fourth Amendment right against
unreasonable searches. See United States v Matlock, 415 US 164; 94 S Ct 988; 39 L Ed
2d 242 (1974). However, even if this evidence were to be suppressed, considering the
weight and strength of the untainted evidence presented at trial, the defendant cannot
demonstrate a reasonable probability that the result of the proceeding would have been
different. People v Carines, 460 Mich 750 (1999).
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.
February 8, 2013 _________________________________________
s0205 Clerk