People v. Hunter

Defendant was charged with possession of heroin with intent to deliver, MCL 335.341(l)(a); MSA 18.1070(41)(l)(a). Pursuant to a defense motion, the trial court *4quashed the information. From this action, plaintiff appeals.

Defendant was found in the living room of a house the police had entered pursuant to a search warrant. Syringes and other narcotic paraphernalia were in plain view. Defendant was arrested for knowingly loitering in a place where such paraphernalia is kept or sold. Detroit Municipal Code, § 28-8-8. A search of defendant revealed a quantity of powder alleged to contain heroin.

Af…