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UNPUBLISHED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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