finding an -7- impermissible link of an innocuous drug profile characteristic to the defendant where an officer stated that the defendant’s address was one of “certain areas within the city that are more prevalent or open dealing of drugs occur”
How later courts described this case
- finding an -7- impermissible link of an innocuous drug profile characteristic to the defendant where an officer stated that the defendant’s address was one of “certain areas within the city that are more prevalent or open dealing of drugs occur”
- holding that testimony about a general procedure for buying and selling drugs and that the quantity and packaging of drugs found indicated an intent to distribute was permissible expert testimony
- holding that testimony about a general procedure for drug transactions and that the packaging of drugs found indicated an intent to sell was permissible drug profile evidence
- noting “the danger that [police officer expert] testimony may have an aura of special reliability and trustworthiness”
Written by the judges who cited it.
The opinion
White, P.J.
(conciWTmi/). Officer Gary Kirtley’s testimony that male crack cocaine dealers in Kalamazoo frequently establish relationships with women who have apartments, move in with the women to sell drugs, and threaten the women to prevent them from talking about or interfering with the drug dealing was improper profile testimony. This testimony did not explain the significance of the seized contraband or other items of personal property, People v Ray, 191 Mich App 706 ; 479 NW2d 1 (1991), did not explain evidence presented, 1 and was not properly admitted to assist the trier of fact in determining a fact in *67 issue. People v Williams (After Remand), 198 Mich App 537 ; 499 NW2d 404 (1993).
I agree, however, that there was strong circumstantial evidence of defendant’s guilt separate and apart from the improper profile testimony, and that the trial court’s admission of the improper profile testimony was harmless error.
Also, because defendant does not challenge on appeal the admission of Officer Kirtley’s testimony regarding papers with tabulations found in the living room, I would not address the admissibility of the evidence.
While there was evidence that defendant resided at the apartment with two women and paid part of the rent, there was no evidence regarding how long defendant had resided there and how he came to reside there, or his relationship with the women, other than that one of the women was his girlfriend.