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PEOPLE v. WOOD

Docket No. 99391, (Calendar No. 15).

450 Mich. 399 (1995)

PEOPLE v. WOOD

Supreme Court of Michigan.

Decided August 22, 1995.

Attorney(s) appearing for the Case

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, David L. Morse, Prosecuting Attorney, and Daniel W. Rose, Senior Trial Attorney, for the people.

David M. Hartsook for the defendant.

Amicus Curiae:

Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, Donald Martin, President, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, for the Prosecuting Attorneys Association of Michigan.

LEVIN, J.

The question presented is whether Andrew Russell Wood was "operat[ing] a [motor] vehicle," within the meaning of the OUIL statute, in the presence of the arresting officers.1 We hold that he was, and that the circuit judge erred in suppressing evidence seized following his OUIL arrest on the basis that it was obtained as a result of an illegal search in this prosecution for possession

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