People v. Kolniak

The people appeal as of right from an order of the Detroit Recorder’s Court suppressing evidence and dismissing the case against defendants, who had been charged with possession with intent to deliver marijuana, MCL 333.7401(2)(c); MSA 14.15(7401)(2)(c). We reverse and remand for further proceedings.

This appeal began with defendants’ motion to quash the information. The defendants argued that part of the evidence presented at the preliminary examination was seized pursuant to a defective warrant which failed to establish probable cause and which was overly broad with respect to the items to…