People v. Davis

Full title: PEOPLE v. DAVIS

Court: Michigan Court of Appeals

Date published: Dec 19, 1968

17 Mich. App. 615 (Mich. Ct. App. 1968)

170 N.W.2d 274

Opinion

Docket No. 4,497.

Decided December 19, 1968. Rehearing denied June 23, 1969. Leave to appeal denied September 17, 1969. See 382 Mich. 783.

Appeal from Oakland, Arthur E. Moore, J. Submitted Division 2 December 5, 1968, at Lansing. (Docket No. 4,497.) Decided December 19, 1968. Rehearing denied June 23, 1969. Leave to appeal denied September 17, 1969. See 382 Mich. 783.

Robert C. Davis was convicted of breaking and entering. Defendant appeals. Affirmed.

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, Thomas G. Plunkett, Prosecuting Attorney, and Dennis Donohue, Chief Appellate Counsel, for the people.

I. Goodman Cohen, for defendant.

BEFORE: T.G. KAVANAGH, P.J.^_, and QUINN and A.C. MILLER,^__ JJ.

_ Now a Justice of the Supreme Court, Justice T.G. KAVANAGH did not participate in this opinion.

__ Circuit Judge, sitting on the Court of Appeals by assignment.

ON APPLICATION FOR REHEARING

PER CURIAM.

This is a belated request for a rehearing of the December 19, 1968, decision of this Court¹ based on the ruling of the United States Supreme Court rendered April 22, 1969, in the case of Davis v. Mississippi, 394 U.S. 721 ( 89 S Ct 1394, 22 L Ed 2d 676). In both cases fingerprint identification evidence was crucial. In both cases the fingerprint record of the defendant was originally procured through an earlier detention, but the similarity terminates at this point. In the Mississippi case the detention was part of a dragnet. In the Michigan case it was the result of an arrest on another charge in another county, which was not questioned. While that charge was concluded by the filing and acceptance of a nolle prosequi, this does not affect the validity of the detention. Furthermore, fingerprints are matters of identification and not incrimination. No testimonial or communicative features are involved. Schmerber v. California (1966), 384 U.S. 757 ( 86 S Ct 1826, 16 L Ed 2d 908). Fingerprints, like a man's name, height, color of his eyes, and physiognomy, are subject to non-custodial police inquiry, report, and preservation when reasonable investigation requires, even though probable cause for arrest may not exist at the moment. United States v. Bonanno (SD NY, 1960) 180 F. Supp. 71.

1 People v. Davis (1968), 14 Mich. App. 757.

Request for rehearing denied.