People v. Lillis

The prosecution appeals by leave granted from the circuit court’s order affirming the district court’s order granting defendant’s motion to suppress and dismissing the complaint and warrant. Defendant was charged with one count of gross indecency between males, MCL 750.338; MSA 28.570, arising out of an alleged act of fellatio occurring inside a public rest room along an interstate highway.

At approximately midnight on September 28, 1985, Michigan State Police Trooper Day pulled into the rest stop on eastbound 1-96 in Novi, Michigan. Trooper Day observed three unoccupied motor vehicles in the…