People v. Mungo

The prosecution appeals as of right the circuit court’s order granting defendant’s motion to suppress evidence and quash the information. The circuit court suppressed evidence of a gun found as a result of a search of defendant’s car following a routine traffic stop and the arrest of a passenger in defendant’s car. Defendant, who was operating his car when it was stopped by a police officer, was charged with unlawfully carrying a concealed weapon pursuant to MCL 750.227. The issue presented in this case is whether a police officer may search a car incident to a passenger’s arrest where before…