PEOPLE v. OROZCO

Docket No. 26419.

74 Mich. App. 428 (1977)

253 N.W.2d 786

PEOPLE v. OROZCO

Michigan Court of Appeals.

Decided March 29, 1977.


Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Robert A. Derengoski, Solicitor General, L. Brooks Patterson, Prosecuting Attorney, Robert C. Williams, Chief Appellate Counsel, and Thomas S. Richards, Assistant Prosecuting Attorney, for the people.

Lynn V. Hooe, Jr., (Owen P. O'Neill, of counsel), for defendant.

Before: BASHARA, P.J., and M.F. CAVANAGH and D.C. RILEY, JJ.


M.F. CAVANAGH, J.

The defendant appeals his bench trial conviction for possession of cocaine with intent to deliver. MCLA 335.341(1)(b); MSA 18.1070(41)(1)(b). We reverse because the principal evidence underlying the charge was unconstitutionally seized.

We adopt the statement of facts of the dissenting opinion with but one exception. We disagree with the dissent's assertion that our review of the evidence includes the trial testimony of Detective Parks. Defendant...

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