PEOPLE OF MI V HAROLD LUVERT TOLES

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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED July 2, 2002 Plaintiff-Appellee, v HAROLD LUVERT TOLES, Nos. 231699;231784 Monroe Circuit Court LC Nos. 00-030350-FH 00-030599-FH Defendant-Appellant. Before: Kelly, P.J., and Murphy and Murray, JJ. MURPHY, J. (concurring). I concur in affirming because I agree with part IV and V of the majority opinion. The requisite probable cause to believe that defendant was couriering drugs existed to justify stopping the vehicle and the subsequent pat down search was authorized. Accordingly, I do not believe it is necessary to address MCL 257.709(1)(c), or to determine whether a dangling air freshener from the rearview mirror in and of itself constitutes sufficient probable cause. /s/ William B. Murphy

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