People v. Clark (1989)

In People v. Clark, 181 Mich App 577; 450 NW2d 75 (1989), an undercover Livonia police officer purchased cocaine from the defendant in Wixom. Clark, 181 Mich App at 578-579. The police officer paid the defendant for the cocaine in Novi. Id. at 578. The police officer was not involved in the arrest of the defendant, but did swear to and file the complaint against the defendant and "provided evidence in the form of his own testimony against the defendant at the preliminary examination." Id. at 579, 580. The district court suppressed the evidence and dismissed the charge against the defendant because the police officer was acting outside his jurisdiction when he purchased the cocaine from the defendant, and thus his actions were in violation of 764.2a. The Court reversed, opining: In this case, the only illegal police conduct involved is an apparent violation of 764.2a . . . . Defendant fails, however, to establish either that there was a violation of a constitutional right or that the above statute was intended or designed to protect the rights of criminal defendants. Id. at 580. The Court held that a police officer's violation of 764.2a, without more, did not warrant imposition of the exclusionary rule, because "the purpose of 764.2a is not to protect the rights of criminal defendants, but rather to protect the rights and autonomy of local governments." Clark, 181 Mich App at 581.