People v. Darwich

The people appeal as of right an order of the Recorder’s Court granting defendant’s motion to suppress evidence and dismissing a charge of possession of marijuana with intent to deliver. MCL 333.7401(2)(d)(iii); MSA 14.15(7401)(2)(d)(iii). We reverse and remand for reinstatement of the charge.

On appeal, the people argue that probable cause existed to search defendant’s residence and, thus, the evidence obtained in the search of defendant’s residence should not have been suppressed. We agree. In reviewing a magistrate’s decision to issue a search *637warrant, this Court must evaluate the search…