People v. Payton

The prosecutor appeals from a Detroit Recorder’s Court order granting defendant’s motion to suppress evidence and dismissing a charge of carrying a concealed weapon against defendant.

Following defendant’s preliminary examination, he was bound over on a charge of carrying a concealed weapon. Defense counsel subsequently filed a motion to suppress the evidence or, in the alternative, for an evidentiary hearing. The thrust of defendant’s motion was that the police lacked either probable cause or reasonable suspicion to stop and frisk him.

At the evidentiary hearing, Detroit police officer Douglas…