Opinion
No. 121517.
July 30, 2002.
COA: 231291, Oakland CC: 00-173412-FH
On order of the Court, the application for leave to appeal from the May 3, 2002 decision of the Court of Appeals is considered and, pursuant to MCR 7.302(F)(1), in lieu of granting leave to appeal, we REVERSE the judgments of the Court of Appeals and of the Oakland Circuit Court and we REMAND this matter to the Oakland Circuit Court for further proceedings. The majority in the Court of Appeals affirmed the suppression of the evidence of cocaine on the grounds that "the police officer did not have reasonable and articulable suspicion to conduct a patdown search of defendant or to question defendant regarding whether he had any drugs on him." We agree with the dissenting judge in the Court of Appeals that those issues were not properly before the Court of Appeals because the defendant did not argue or raise those issues in the lower court or on appeal.
Cavanagh and Kelly, JJ., would deny leave to appeal.