People v. Jenkins

Defendants were charged with carrying a concealed weapon in a motor vehicle, MCL 750.227; MSA 28.424. The charges were dismissed when the circuit court concluded that the two pistols found in the car occupied by the defendants had been seized following an illegal search. My disagreement with the majority is essentially factual.

In my opinion, this case presents the following scenario, as developed at the preliminary examination. Defendants pulled into the Troy Drive-In at 12:30 a.m. on September 15, 1978. The manager informed defendants that the drive-in was closed. Defendants left the…