People v. Heydenberk

Defendant was charged with coijimitting an act of gross indecency, MCL 750.338; MSA 28.570. The charge arose out of an act of fellatio between the defendant and another male occurring on March 8, 1986, at approximately 2:10 a.m. in the men’s public rest room at the rest area commonly known as the Holt rest area on US Highway 127 near Holt, Michigan.

On March 20, 1987, shortly before trial, the Ingham Circuit Court granted defendant’s motion to suppress videotaped evidence of the sexual acts performed by defendant which constituted the substance of the charge. The trial court suppressed all…