PEOPLE v. SOBCZAK-OBETTS

Docket No. 214787.

606 N.W.2d 658 (1999)

238 Mich. App. 495

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Michelle Ann SOBCZAK-OBETTS, Defendant-Appellee.

Court of Appeals of Michigan.

Decided November 5, 1999, at 9:45 a.m.

Released for Publication February 23, 2000.


Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, William A. Forsyth, Prosecuting Attorney, Timothy K. McMorrow, Chief Appellate Attorney, and Vicki L. Seidl, Assistant Prosecuting Attorney, for the people.

Jeffrey P. Kirchhoff, Grand Rapids, for the defendant on appeal.

Before: MARK J. CAVANAGH, P.J., and HOEKSTRA and GAGE, JJ.


HOEKSTRA, J.

In this case, this panel is called on to review a state trial court's decision to suppress evidence seized under a federal search warrant but used in a state prosecution. The lower court suppressed the evidence because the federal warrant did not recite the basis for probable cause or have attached to it the affidavit in support of probable cause, as required by state statute, M.C.L. § 780.654; MSA 28.1259(4). No affidavit was attached because federal...

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