People v. Julkowski

Defendant was convicted in a bench trial of possession of less than 50 grams of cocaine in violation of MCL 333.7403(2)(a)(iv); MSA 14.15(7403)(2)(a)(iv), and resisting or obstructing a police officer in the discharge of his duty, contrary to MCL 750.479; MSA 28.747. Thereafter sentenced to two years probation for each conviction, defendant appeals as of right.

Defendant was validly stopped by two police officers for a traffic violation. Defendant stepped out of his automobile and met Officer Payne. Payne noticed that defendant was nervous and hyperactive and that he smelled of marijuana.…