PEOPLE v. STARK

Docket No. 25182.

73 Mich. App. 332 (1977)

251 N.W.2d 574

PEOPLE v. STARK

Michigan Court of Appeals.

Decided January 17, 1977.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, and Fred R. Hunter, III, Prosecuting Attorney (Prosecuting Attorneys Appellate Service, Thomas C. Nelson, Assistant Attorney General, of counsel), for the people.

Kelly & Oole, for defendant.

Before: QUINN, P.J., and R.B. BURNS and M.F. CAVANAGH, JJ.


R.B. BURNS, J.

This appeal presents an issue of first impression in this jurisdiction:

"Subsequent to the administration of a Breathalyzer test, does the routine practice, on the part of law enforcement officials, of discarding the non-reusable ampoules used in the test constitute a constitutionally impermissible suppression of evidence violative of due process of law?"

Defendant contends that the answer to this question is "yes", thus necessitating...

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