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PEOPLE v. DeFILLIPPO

Docket No. 77-20.

80 Mich. App. 197 (1977)

262 N.W.2d 921

PEOPLE v. DeFILLIPPO

Michigan Court of Appeals.

Decided December 6, 1977.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, William L. Cahalan, Prosecuting Attorney, Edward R. Wilson, Research, Training and Appeals, and Timothy A. Baughman, Assistant Prosecuting Attorney, for the people.

Legal Aid and Defender Association of Detroit (by Thomas Loeb and Thomas E. Binion), for defendant on appeal.

Before: T.M. BURNS, P.J., and R.B. BURNS and W.R. BROWN, JJ.

R.B. BURNS, J.

Defendant was charged with possession of a controlled substance, phencyclidene. MCLA 335.341(4)(b); MSA 18.1070(41)(4)(b). Prior to trial he moved to suppress evidence obtained in a search of his person and to quash the information. The motion was denied and we granted an interlocutory appeal.

The facts indicate that two Detroit police officers received a radio call to investigate two allegedly drunken persons in an alley. Upon their arrival...

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