People v. Kincaid, Docket No. 78-427
| Decision Date | 12 July 1979 |
| Docket Number | Docket No. 78-427 |
| Citation | 92 Mich.App. 156,284 N.W.2d 486 |
| Parties | PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Cedell H. KINCAID, Defendant-Appellee. |
| Court | Court of Appeal of Michigan — District of US |
Frank J. Kelley, Atty. Gen., Robert A. Derengoski, Sol. Gen., William L. Cahalan, Pros. Atty., Edward R. Wilson, Appellate Chief, Asst. Pros. Atty., for plaintiff-appellant.
Milton R. Henry, Detroit, for defendant-appellee.
Before KAUFMAN, P. J., and ALLEN and GLASER, * JJ.
Defendant was charged with possession with intent to deliver heroin, M.C.L. § 335.341(1)(a); M.S.A. § 18.1070(41)(1)(a). Defendant's motion to suppress the evidence and quash the information was granted on December 13, 1977, and the plaintiff appeals by right.
The sole issue on appeal is whether or not the police officers had probable cause to search the trunk of defendant's automobile. The search occurred (1) after the officers watched defendant apparently pass white coin envelopes, which at least one officer knew were commonly used for heroin, to other people in exchange for money, and (2) after the officers approached defendant, identified themselves and saw defendant throw some envelopes into the trunk of his car and slam the trunk. The subsequent warrantless search of the trunk yielded coin envelopes containing heroin. We conclude that the search was valid and, therefore, that the trial judge was clearly erroneous in suppressing the evidence and quashing the information.
Contrary to the trial judge's determination, People v. Falconer, 76 Mich.App. 367, 256 N.W.2d 597 (1977), is not the factual twin of the instant case. In Falconer, there was no testimony regarding the arresting officer's prior experience with coin envelopes and no furtive gesture by the defendant upon the approach of the police officer. These additional factors bring our case within the reasoning of People v. Hall, 40 Mich.App. 329, 198 N.W.2d 762 (1972). See also People v. Ridgeway, 74 Mich.App. 306, 253 N.W.2d 743 (1977). The officer's prior experience with coin envelopes and the defendant's furtive gesture supplied the officers with sufficient probable cause to make the search.
Reversed and remanded for further proceedings.
* KENNETH B. GLASER, Jr., 39th Judicial Circuit, sitting on Court of Appeals by assignment pursuant to Const.1963, Art. 6, Sec. 23, as amended 1968.
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