PEOPLE OF MI V JOSEPH L GORDON

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED November 19, 1999 Plaintiff-Appellant, v No. 217330 Wayne Circuit Court LC No. 98-006837 JOSEPH L. GORDON, Defendant-Appellee. Before: White, P.J., and Hood and Jansen, JJ. WHITE, J. (concurring). While this case presents a close call, I conclude that when read in a common sense and realistic manner, rather than an after-the-fact-hypertechnical manner, the affidavit is adequate to provide a substantial basis for concluding that probable cause was shown. While the affidavit might have been more detailed, fairly read it established the informant’s credibility by reference to accurate information conveyed in the past, the informant’s personal knowledge, i.e. that the information was conveyed directly from the seller to the informant, and that probable cause existed to conclude that drugs would be found at the premises at the time of the search, based on the informant’s prior experience with the seller, the information conveyed to the informant by the seller, and the officer’s observations. /s/ Helene N. White -1

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