People v. Wood

The question presented is whether Andrew Russell Wood was "operating] a [motor] vehicle,” within the meaning of the ouil statute, in the presence of the arresting officers.1 We hold that he was, and that the circuit judge erred in suppressing evidence seized following his ouil arrest on the basis that it was obtained as a result of an illegal search in this prosecution for possession *402of marijuana with intent to deliver2 and operation of a motor vehicle under the influence of liquor.3 The Court of Appeals affirmed.4 We reverse and remand for trial.

i

On the night of June 15, 1992, police…