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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v BRENDON MICHAEL DILLON, Defendant-Appellee.

FOR PUBLICATION May 15, 2012 9:00 a.m. No. 303083 Oakland Circuit Court LC No. 2010-234190-FH

Before: MARKEY, P.J., and MURRAY and SHAPIRO, JJ. PER CURIAM. The district court bound defendant over to the circuit court on a charge of possession of less than 25 grams of heroin, MCL 333.7403(2)(a)(v). The circuit court suppressed the evidence from the search, held MCL 257.709 void for vagueness, and dismissed the charges against defendant. The prosecution appeals by right. We reverse. First, the prosecution argues that police officer Jeremy Beisel had reasonable suspicion to stop defendant because defendant's air freshener was potentially obstructing defendant's view, a violation of MCL 257.709(1)(c). We agree. This Court will not reverse a trial court's findings regarding a motion to suppress evidence as illegally seized unless they are clearly erroneous. People v Waclawski, 286 Mich App 634, 693; 780 NW2d 321 (2009). A finding is clearly erroneous when it leaves this Court with a definite and firm conviction that the trial court made a mistake. Id. We review de novo as a question of law whether a search was supported by the constitutional standard of reasonable suspicion. People v Bloxson, 205 Mich App 236, 245; 517 NW2d 563 (1994); see also United States v Arvizu, 534 US 266, 275; 122 S Ct 744; 151 L Ed 2d 740 (2002). The right against unreasonable searches and seizures is guaranteed by both the United States and Michigan Constitutions. US Const, Am IV; Const 1963, art 1,

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