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PEOPLE v. PITTS

Docket No. 9339.

40 Mich. App. 567 (1972)

199 N.W.2d 271

PEOPLE v. NELSON PITTS

Michigan Court of Appeals.

Decided May 24, 1972.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, George N. Parris, Prosecuting Attorney, Thaddeus F. Hamera, Chief Appellate Lawyer, and Stephen F. Osinski, Assistant Prosecuting Attorney, for the people.

John J. Miller, for defendant on appeal.

Before: LEVIN, P.J., and BRONSON and VAN VALKENBURG, JJ.

Leave to appeal denied, 388 Mich. 791.

BRONSON, J.

Defendant was convicted by a judge in the Macomb County Circuit Court of unlawfully possessing a narcotic drug in violation of MCLA 335.153; MSA 18.1123. He was sentenced to a prison term of from two to ten years. He appeals as of right.

This case involves the right of the police to search an automobile based on a furtive gesture. The facts follow. On September 18, 1969, Michigan

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