People v. Claybon

Defendant was found guilty by a jury of possession with intent to deliver less than 50 grams of a controlled substance (cocaine). MCL 333.7401; MSA 14.15(7401). Defendant was sentenced to a prison term of from 5 to 20 years. He appeals as of right.

Prior to trial, defendant moved to suppress evidence (cocaine) found in his pockets as the product of an illegal search and seizure. The trial judge denied defendant’s request, finding that there was probable cause to believe that a felony had been committed and probable cause to believe that due to exigent circumstances an immediate search of…