People v. Clark

The prosecution appeals by leave granted the February 22, 1989, order of the circuit court affirming the order of the district court which suppressed the evidence of narcotics and dismissed the charge against defendant of delivery of less than fifty grams of a controlled substance. MCL 333.7401(1), (2)(a)(iv); MSA 14.15(7401)(1), (2)(a)(iv). The prosecution argues that exclusion of evidence is not appropriate where it is premised solely on a violation of MCL 764.2a; MSA 28.861(1), a statute which relates to the exercise of authority of a police officer acting outside his own bailiwick. We…