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PEOPLE v. KAZMIERCZAK

Docket No. 113452, Calendar No. 13.

605 N.W.2d 667 (2000)

461 Mich. 411

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. David Edward KAZMIERCZAK, Defendant-Appellee.

Supreme Court of Michigan.

Decided February 10, 2000.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, David G. Gorcyca, Prosecuting Attorney, Daniel L. Lemisch, Chief, Appellate Division, and Robert C. Williams, Assistant Prosecuting Attorney, Pontiac, for the people.

Frederick M. Finn, Detroit, for the defendant-appellee.

Elwood Brown, President, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, Detroit, for amici curiae Prosecuting Attorneys Association of Michigan.

Opinion

TAYLOR, J.

Defendant was charged with possession with intent to deliver marijuana. MCL 333.7401(2)(d)(iii); MSA 14.15(7401)(2)(d)(iii). In accordance with People v. Taylor, 454 Mich. 580, 593, 564 N.W.2d 24 (1997), which held that "odor [of marijuana] alone is not sufficient probable cause to search a vehicle," the trial court granted a motion to suppress the evidence...

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