People v. Dogans

The defendant, Ernest Dogans, appeals his conviction of possession of 43.25 grains of heroin. A tinfoil packet of heroin was found in his pocket during a search following his arrest in connection with an investigation of the theft of a stereo phonograph. No formal motion to suppress the seized narcotics was filed, 3 but the issue was considered both during the preliminary examination and the trial. 4

In People v. DeGraffenreid (1969), 19 Mich App 702, we recently discussed the responsibility of an appellate court to consider a search and seizure issue not properly preserved at the trial level.…