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STATE OF MICHIGAN COURT OF APPEALS

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v SHAWN ADAMS, Defendant-Appellee.

UNPUBLISHED October 1, 2009

No. 286915 Wayne Circuit Court LC No. 08-007633-FH

Before: Murphy, P.J., and Meter and Beckering, JJ. PER CURIAM. The prosecution appeals as of right the trial court's order dismissing charges of possession with intent to deliver 45 or more kilograms of marijuana, MCL 333.7401(2)(d)(i), conspiracy to possess with intent to deliver 45 or more kilograms of marijuana, MCL 750.157a, and possession of a firearm during the commission of a felony, MCL 750.227b. The court dismissed the charges after granting defendant's motion to suppress the evidence. We affirm. This appeal has been decided without oral argument pursuant to MCR 7.214(E). The evidence in question was seized during the execution of a search warrant at a house on Winthrop in Detroit, Michigan. The trial court agreed with defendant that the affidavit submitted in support of the request for a search warrant was insufficient to establish probable cause to believe that evidence of drug trafficking could be found at the Winthrop house. We agree. The affiant to the search warrant affidavit was Dearborn Police Officer Jon DeKiere, who, after reciting his qualifications and experience in participating in narcotics investigations and knowledge of methods employed by drug traffickers, stated the following: 4. In June of 2007, Ofc. DeKiere received information from Sgt. Carriveau regarding suspicious activity at 7833 Mead in the City of Dearborn. This activity consisted of vehicles from outside Dearborn coming at all hours of the day and night and only staying for a few minutes before leaving. 5. On July 23, 2007 Ofc. DeKiere observed a black Yukon with Michigan license plate BKU4752 parked in the driveway of 7833 Mead. A records check in the Michigan Secretary of State shows the vehicle to be registered to Shelia Faye Brown, 18727 In Brook Apt. #1, Northville, Michigan. -1-

6. At approximately 1640 hours on July 24, 2007 Ofc. DeKiere observed the same black Yukon with Michigan license BKU4752 turn off Tireman into the parking lot of Vegas Liquor (Tireman/Greenfield). The Yukon backed into a parking space away from the entrance to Vegas Liquor leaving several other empty parking spaces all around it. Both the driver and passenger stayed in the vehicle for approximately ten minutes until a Chevy HHR with Michigan license AGY6674 backed into the parking spot next to the driver's side of the Yukon. The passenger of the Yukon, later identified as Marquis Workman, got in the passenger side of the HHR. Secretary of State records show the HHR to be a rental car from Enterprise Rental. In addition, that license plate was shown to be invalid and replaced. 7. After several minutes, both the female driver of the HHR, later identified as Toni Talley, and Marquis Workman exited the HHR. Marquis Workman then got in the driver's side of the HHR leaving the Vegas Liquor parking lot. While Talley got in the passenger side of the Yukon and also left the parking lot. Members of the Dearborn Police Narcotics Unit maintained constant surveillance of the HHR until it pulled into the driveway of the 7282 Winthrop, City of Detroit. Marquis Workman was seen exiting the HHR and approaching the North side door of the residence. Surveillance was maintained on 7282 Winthrop. 8. After several minutes, the Yukon with Talley pulled into the alley on the Northwest corner of Warren and Greenfield. The Yukon parked and waited in the alley. After several minutes, the HHR driven by Marquis Workman backed out of the driveway of 7282 Winthrop and went South on Winthrop to the CVS parking lot. Under surveillance, Marquis Workman parked and made a cell phone call. At this same time, the driver of the Yukon, later identified as Donte Workman[,] was seen answering a cell phone. Several seconds later, the HHR left the CVS and drove directly down the alley toward Greenfield where Talley and Donte Workman were still waiting in the Yukon. As seen before, Talley got back into the HHR and Marquis got back into the passenger side of the Yukon. Both vehicles left the alley at Greenfield. 9. Based on the training and experiences of the officers involved, it was believed a drug transaction took place as a result of all the suspicious activities of Marquis Workman, Donte Workman, and Toni Talley. Uniformed officers from the Dearborn Police Department conducted a traffic stop on Toni Talley in the HHR. Upon approach, officers smelled a heavy odor of Marijuana. In addition, they observed two large white bags next to Talley. Sticking out of one of the white bags was a clear bag of suspected Marijuana. Talley was placed under arrest. 10. A traffic stop was then conducted on the two Workmans in the Yukon and both were placed under arrest. A search of Marquis Workman, subject who went to 7282 Winthrop, was in possession of approximately $4,363 cash.

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11. Your Affiant strongly believes based on his training, experience, observations, and the observations of other experienced officers that 7282 Winthrop, in the City of Detroit, is involved in the sales, storage, and facilitation of narcotic-trafficking activities. 12. Affiant believes that a search of 7282 Winthrop, city of Detroit, will help enhance the prosecution of this case and further the investigation of Marijuana trafficking. A search warrant may not be issued unless probable cause to justify the search is shown. US Const, Am IV; Const 1963, art 1,

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