Opinion
359080
11-09-2022
LC No. 20-004027-01-FH
Michael J. Kelly Presiding Judge, Christopher M. Murray, Stephen L. Borrello Judges
ORDER
Pursuant to the July 21, 2022 order issued concurrently with the previously issued opinion, we remanded this case for further proceedings while retaining jurisdiction. The proceedings on remand were completed by the issuance of an August 8, 2022 order, which confirmed that courts original conclusion that the motion to suppress should be denied. Through that order, the trial court clarified that it found officer Heid's testimony to be credible, and that his testimony supported a finding of reasonable suspicion to conduct a pat down of defendant under Terry v Ohio, 392 U.S. 1; 88 S.Ct. 1868; 20 L.Ed.2d 889 (1968). For the reasons stated in our prior opinion issued July 21, 2022, and in light of the factual findings made in the trial courts order, we AFFIRM the August 8, 2022 order which effectively denied defendant's motion to suppress the evidence. We do not retain jurisdiction.