People v. Sellars

On January 5, 1985, Detroit police officers executed a search warrant at the home of the defendant. They seized a quantity of cocaine, drug paraphernalia, and a firearm.

At the preliminary examination, defendant was bound over to the Recorder’s Court on only one count, that of possession of cocaine in excess of six hundred fifty grams in violation of MCL 333.7403(2)(a)(i); MSA 14.15(7403)(2)(a)(i).

Prior to trial, defendant filed a motion to quash the search warrant and suppress the evidence, arguing three separate grounds in support of his motion.

First, defendant argued that the magistrate who…