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PEOPLE v. SOBCZAK-OBETTS

Docket No. 115890, Calendar No. 9.

625 N.W.2d 764 (2001)

463 Mich. 687

PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Michelle Ann SOBCZAK-OBETTS, Defendant-Appellee.

Supreme Court of Michigan.

Decided May 1, 2001.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, William A. Forsyth, Prosecuting Attorney, Timothy K. McMorrow, Chief Appellate Attorney, and Vicki L. Seidl, Assistant Prosecuting Attorney, Grand Rapids, MI, for the people.

Jeffrey P. Kirchhoff, Grand Rapids, MI, for the defendant-appellee.

Jeffrey L. Sauter, President, John D. O'Hair, Wayne County Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, Detroit, MI, Amicus Curiae, for Prosecuting Attorneys Association of Michigan.

Opinion

YOUNG, J.

We granted leave in this case to consider whether firearms found in defendant's home, upon execution by federal and state police officers of a federal search warrant, were properly excluded from evidence in a state prosecution. The firearms were suppressed on the ground that a copy of the affidavit in support of the search warrant was not provided, as required by statute, to defendant at the...

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