People of Michigan v. Maurice Michael Payne, 334121

Police obtained a warrant for 7597 Kirkridge after a controlled buy in which a confidential informant (CI), searched beforehand and given marked funds, met with defendant and later produced a substance that field-tested positive for cocaine. Officers observed defendant leave and return to the Kirkridge residence around the transaction.
During execution of the warrant, officers found a large bag of powdered cocaine (44.1 grams) in an upstairs bedroom, along with medical paperwork and mail bearing defendant’s name and at least some mail listing the Kirkridge address.
Officers stopped defendant at his vehicle during the warrant execution and found cocaine (33.57 grams) and marijuana on his person; a vehicle search uncovered a digital scale and packaging materials.
At the station, defendant admitted to selling cocaine because “times were tough” and stated the cocaine found in the Kirkridge bedroom belonged to him and was meant for sale.
Defendant was tried by bench and convicted of possession with intent to deliver 50 grams or more but less than 450 grams of cocaine, and sentenced to 5½ to 20 years.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the warrant lacked probable cause so evidence should be suppressed	Affiant’s CI-controlled buy, surveillance linking defendant to the house, CI’s reliability, and affiant’s narcotics experience provided a substantial basis for probable cause	No probable cause because the drug transaction did not occur inside 7597 Kirkridge, so the affidavit did not establish a fair probability drugs would be found there	Warrant supported by probable cause; magistrate’s finding given great deference and affidavit facts supported a fair probability contraband was at the residence
Whether separate cocaine quantities must be treated as distinct offenses or may be aggregated to satisfy the 50-gram element	Evidence (confession, presence of drugs on person and in residence, indicia of control) supports constructive or actual possession of 50+ grams total	Aggregation improper because the drugs were in different places/times and thus constitute separate counts	Aggregation allowed for possession-with-intent-to-deliver (possession can be actual or constructive); evidence sufficient to support single 50–450 gram conviction

People v. Franklin, 500 Mich. 92 (magistrate’s issuance of warrant reviewed for substantial basis; great deference to magistrate)
People v. Booker, 314 Mich. App. 416 (standard of review for suppression motions)
People v. Waclawski, 286 Mich. App. 634 (affidavit must contain facts within affiant’s knowledge; affiant’s experience relevant)
People v. Cortez, 131 Mich. App. 316 (permitting aggregation of separate quantities for possession-based charges to avoid absurd results)
People v. Wolfe, 440 Mich. 508 (distinguishing actual and constructive possession)
People v. Collins, 298 Mich. App. 458 (aggregation limitations for delivery convictions; noted as distinguishable)