People v. Davenport

Defendant appeals his jury conviction of attempted breaking and entering of an occupied dwelling with intent to commit larceny, MCL 750.110, 750.92; MSA 28.305, 28.287.

Defendant alleges that the trial court erred in denying his motion to suppress evidence of a screwdriver and garbage bags seized from him immediately after his arrest. The trial court relied upon the preliminary examination transcript in holding that the search and seizure of the evidence was lawful.

At the examination, a neighbor of the complainant stated that she saw a thin man wearing a blue-hooded coat, light pants and dark…