WAYNE CTY. PROS. v. RECORDER'S CT. JUDGE

Docket No. 45668.

100 Mich. App. 518 (1980)

299 N.W.2d 63

WAYNE COUNTY PROSECUTOR v. RECORDER'S COURT JUDGE PEOPLE v. LEWIS.

Michigan Court of Appeals.

Decided October 7, 1980.


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 C. Scallen, Assistant Prosecuting Attorney, for the people.

Before: BRONSON, P.J., and V.J. BRENNAN and T.M. BURNS, JJ.


BRONSON, P.J.

The facts are well stated in the dissenting opinion and need not be repeated here. The issue in this case is whether the magistrate's decision to suppress the sole incriminating evidence in this case was clearly erroneous. In this regard, we believe the point on which this case turns is the testimony of the arresting officer, who stated that he had encountered coin envelopes of the type seized here 800 or 900 times in the same general area during his...

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