People v. Jones

Defendant, Harold Jones, pled guilty to possession with intent to deliver codeine, MCL 333.7401(2)(b); MSA 14.15(7401)(2)(b), and was sentenced to five months in the Detroit House of Correction. On appeal, defendant, citing People v Alvin Johnson, 396 Mich 424; 240 NW2d 729 (1976), cert den 429 US 951; 97 S Ct 370; 50 L Ed 2d 319 (1976), claims the district court erred when it bound him over for trial because the police lacked probable cause to arrest and search him.

We decline to follow the dicta in Johnson relied upon by defendant. In People v Hill, 86 Mich App 706, 710-711; 273 NW2d 532…