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People v. Viano

Supreme Court of Michigan
Jul 30, 2002
467 Mich. 856 (Mich. 2002)

Opinion

No. 121517.

July 30, 2002.


COA: 231291, Oakland CC: 00-173412-FH

On order of the Court, the application for leave to appeal from the May 3, 2002 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgments of the Court of Appeals and of the Oakland Circuit Court and we REMAND this matter to the Oakland Circuit Court for further proceedings. The majority in the Court of Appeals affirmed the suppression of the evidence of cocaine on the grounds that "the police officer did not have reasonable and articulable suspicion to conduct a patdown search of defendant or to question defendant regarding whether he had any drugs on him." We agree with the dissenting judge in the Court of Appeals that those issues were not properly before the Court of Appeals because the defendant did not argue or raise those issues in the lower court or on appeal.

Cavanagh and Kelly, JJ., would deny leave to appeal.


Summaries of

People v. Viano

Supreme Court of Michigan
Jul 30, 2002
467 Mich. 856 (Mich. 2002)
Case details for

People v. Viano

Case Details

Full title:PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. MARK SCOTT VIANO…

Court:Supreme Court of Michigan

Date published: Jul 30, 2002

Citations

467 Mich. 856 (Mich. 2002)
649 N.W.2d 83

Citing Cases

Burns v. City of Detroit

[ Booth, supra at 234, n 23.] See also People v Viano, 467 Mich. 856 (2002). Moreover, the Michigan Court of…