People v. Hyman

Defendant was charged with possession of more than 225, but less than 650, grams of cocaine with intent to deliver. MCL 333.7401(1), (2)(a)(ii); MSA 14.15(7401X1), (2)(a)(ii). A motion to suppress the evidence was filed and an evidentiary hearing conducted thereon. During the course of that hearing, it was discovered that the affidavit offered to support the issuance of the search warrant had not been signed. As a result of this defect, the trial court granted the motion to suppress, relying upon People v Goff, 401 Mich 412; 258 NW2d 57 (1977). The prosecutor appeals from this ruling.

As noted…