People v. Rembo

In a jury trial, defendant was convicted of possession of secobarbital in violation of the Controlled Substances Act. MCLA 335.341(4)(b); MSA 18.1070(41)(4)(b). After being placed on two years probation with the first four months in jail plus costs, defendant appeals as a matter of right.

Defendant claims that it was error to admit a vial containing the secobarbital into evidence over his objection, where it was taken from his car without a warrant after his arrest for drunk driving.

The facts are not in dispute. On January 9, 1975, an Allen Park police officer observed the defendant pick up a…