People of Michigan v. Darius Lee Miles
326558
| Mich. Ct. App. | Aug 16, 2016Background
- Police executed a search warrant at a boarded-up Detroit home with illegal electrical hookup and no functioning bathroom.
- Officers forced entry; in bedroom one they found codefendant Andrew Stewart on a bed with a loaded gun and $115 on his person.
- In a second bedroom officers found defendant Darius Lee Miles attempting to hide behind a door; two ziplock baggies of narcotics were on the floor at his feet.
- District court bound Miles over for trial on two counts of possession with intent to deliver <50 grams (MCL 333.7401(2)(a)(iv)); Miles moved to quash in circuit court.
- The circuit court granted the motion, concluding there was no evidence of possession and dismissed the charges; the prosecutor appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether evidence supported bindover for possession with intent to deliver | Evidence (drugs at feet, hiding, packaged for sale, gun and cash in house) creates nexus and probable cause; for trier of fact | Defendant merely present in a vacant house where drugs were found; no proof of possession | Reversed: sufficient evidence to bind over; circuit court abused discretion in quashing charges |
Key Cases Cited
- People v. Lemons, 299 Mich. App. 541 (Mich. Ct. App.) (standard of review for motion to quash)
- People v. Stone, 463 Mich. 558 (Mich.) (magistrate duty to bind over when probable cause exists)
- People v. Henderson, 282 Mich. App. 307 (Mich. Ct. App.) (need only some evidence of each element at bindover; circumstantial evidence suffices)
- People v. Wolfe, 440 Mich. 508 (Mich.) (actual vs. constructive possession; joint possession possible)
- People v. Bylsma, 493 Mich. 17 (Mich.) (presence alone insufficient; need nexus showing dominion/control)
- People v. Flick, 487 Mich. 1 (Mich.) (definition of actual and constructive possession)
- People v. McGhee, 268 Mich. App. 600 (Mich. Ct. App.) (constructive possession requires knowledge of the substance)
- People v. Whittaker, 187 Mich. App. 122 (Mich. Ct. App.) (erroneous to grant motion to quash where factual dispute on possession exists)