PEOPLE v. KINCAID

Docket No. 78-427.

92 Mich. App. 156 (1979)

284 N.W.2d 486

PEOPLE v. KINCAID

Michigan Court of Appeals.

Decided July 12, 1979.


Attorney(s) appearing for the Case

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

Before: N.J. KAUFMAN, P.J., and ALLEN and K.B. GLASER, JR., JJ.


PER CURIAM.

Defendant was charged with possession with intent to deliver heroin, MCL 335.341(1)(a); MSA 18.1070(41)(1)(a). Defendant's motion to suppress the evidence and quash the information was granted on December 13, 1977, and the plaintiff appeals by right.

The sole issue on appeal is whether or not the police officers had probable cause to search the trunk of defendant's automobile. The search occurred (1) after the officers watched defendant apparently...

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