Legal Opinion · Dissent

People v. Wilcox

Michigan Court of Appeals

Decided May 7, 1990No. Docket 114526Published

1DissentGriffin, P.J.

The prosecutor ap*622peals a mid-trial dismissal of the charge against the defendant for possession of marijuana with intent to deliver, MCL 333.7401(2)(c); MSA 14.15(7401)(2)(c). I would reverse and remand for trial.

i

During Officer Terry’s testimony, the defendant moved to dismiss the charge on the grounds that the defendant was arrested in violation of her rights to be free against unreasonable searches and seizures. The mid-trial defense motion to dismiss was primarily focused upon the search warrant which, according to the defendant, was defective because it referred to cocaine rather than…

2Cases cited6 opinions

  1. United States v. ScottSupreme Court of the United States · 1978
  2. United States v. DinitzSupreme Court of the United States · 1976
  3. People v. DawsonMichigan Supreme Court · 1988
  4. Johnson v. City of Muskegon HeightsMichigan Supreme Court · 1951
  5. People v. GillamMichigan Court of Appeals · 1979

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