PEOPLE OF MI V LARRY JOHNSON
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
February 11, 2000
Plaintiff-Appellant,
v
No. 215226
Wayne Circuit Court
LC No. 98-008071
LARRY JOHNSON and FELICIA MOLETTE,
Defendants-Appellees.
Before: Hood, P.J., and Smolenski and Talbot, JJ.
MEMORANDUM.
The prosecutor appeals as of right from the circuit court’s order suppressing the evidence
against defendants and dismissing the charges against them. We reverse and remand.
The circuit court erred by suppressing the drug evidence and dismissing the charges against
defendants. The passage of two days’ time did not render the controlled buy evidence stale for the
purposes of determining whether there was probable cause to search defendant Johnson’s residence for
crack cocaine. People v Russo, 439 Mich 584, 605-606; 487 NW2d 698 (1992); People v Stumpf,
196 Mich App 218, 226; 492 NW2d 795 (1992). Accordingly, the circuit court’s order suppressing
the evidence and dismissing the charges is reversed and the case remanded to the circuit court for trial.
Reversed and remanded. We do not retain jurisdiction.
/s/ Harold Hood
/s/ Michael R. Smolenski
/s/ Michael J. Talbot
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