People v. Russell

Following a preliminary examination, defendant was bound over to Recorder’s Court for trial on a charge of possession of heroin, fifty grams or less, MCL 333.7403(2)(a)(iv); MSA 14.15(7403)(2)(a)(iv). The people appeal as of right from an order by Recorder’s Court Judge Michael F. Sapala granting defendant’s motion to suppress certain evidence and dismiss the information. We reverse and remand.

The only testimony given at an evidentiary hearing on defendant’s motion was by Police Officer James Kean. He indicated that on November 14, 1984, Officer Kean, Officer Matuzack, and Officer Denardo…