People v. Mullen

The prosecution appeals by delayed leave granted 1 the circuit court’s order granting defendant’s motion to suppress evidence of the results of his blood alcohol content (BAC) test. Defendant sought to suppress the evidence, contending that the search warrant affidavit included false information and that material information was omitted. Following an evidentiary hearing, the circuit court concluded that the arresting officer either intentionally or recklessly included false information in the search warrant affidavit, and that material information was omitted from the affidavit. After…