A seizure may occur when a police vehicle partially blocks a defendant’s egress if the
totality of the circumstances indicate that a reasonable person would not have felt free to leave
In the case of People v Duff (July 26, 2024)., the Michigan Supreme Court issued an opinion regarding police seizure.
Background of the Case: Police officers observed a parked car with its engine running in an elementary school parking lot at 10:00 p.m. They parked their patrol car about ten feet behind the parked car at a 45-degree angle, with headlights and a spotlight directed at the car.
The officers approached the vehicle, detected signs of intoxication from the driver, and took him into custody following failed field sobriety tests. The driver later agreed to a blood draw and confessed to consuming alcohol.
Key Legal Issues: The defendant’s motion to suppress evidence of intoxication was denied by the Oakland Circuit Court, as it claimed the evidence was obtained through an unlawful seizure. The Court of Appeals also denied interlocutory leave to appeal.
The Michigan Supreme Court remanded the case to the trial court to determine when the defendant was first seized for Fourth Amendment purposes. On remand, the trial court granted the defendant’s motion to dismiss, finding that the defendant was seized when the patrol car parked behind him.
The Court of Appeals overturned the decision, stating that the defendant was not considered to be under seizure when the patrol car pulled up 10 feet away at a 45-degree angle.
Michigan Supreme Court Decision: A police vehicle blocking a defendant’s exit may constitute a seizure if a reasonable person would not feel free to leave based on the circumstances.
The Court determined that the defendant was seized prior to the officers detecting any signs of intoxication, taking into account the police behavior, timing, and environment.
The Court of Appeals’ decision was overturned, leading to a remand to assess if the officer had reasonable suspicion of criminal activity during the defendant’s initial seizure.
Read the opinion here:
Legal Counsel and Your Rights
When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.
An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.
Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.
Contact Komorn Law PLLC if you’re ready to fight and win.
Research us and then call us.
More Rights You Should Know
MICHIGAN SUPREME COURT – Sentencing Guidelines Unconstitutional
LANSING, MI 7/30/15 — In a decision that could have a far-reaching impact on current and future cases going through the court system, the Michigan Supreme Court ruled Wednesday that the state’s sentencing guidelines that mandate prison terms are unconstitutional, and...
Supreme Court Opinion – Created federal agencies need judicial oversight
Summary of the Opinion in Loper Bright Enterprises v. RaimondoIn Loper Bright Enterprises v. Raimondo, the Supreme Court addressed the enduring precedent set by Chevron U.S.A., Inc. v. Natural Resources Defense Council, Inc., which has shaped administrative law for...
Other Articles
Oakland County Sheriff’s deputy fatally shot in ‘ambush’ while following stolen car
Oakland County Sheriff's deputy fatally shot in 'ambush' while following stolen carA deputy investigating a stolen car was shot to death Saturday night in Detroit in what Oakland County Sheriff Michael Bouchard called an ambush. Oakland County Sheriff's Deputy Bradley...
AGs – Ex DEA Leaders for Push Public Hearing On Marijuana Rescheduling
State AGs And Former DEA Leaders Push Agency To Hold Public Hearing On Marijuana Rescheduling ProposalIn a filing with the federal government ahead of a key deadline this week, a group of former Drug Enforcement Administration (DEA) leaders is asking the agency to...
Michigan’s public employees are protected by government immunity for bad decisions
Sorry...Not SorryMichigan Governmental Immunity Laws Michigan’s governmental immunity laws provide legal protection to government agencies and their employees in negligence lawsuits. Here are the key points:Governmental Agency Immunity: A governmental agency is immune...
This drug will eat your flesh turn your skin green and it’s in Michigan
This illicit drug will eat your flesh, turn your skin green, scaly and it's in MichiganWe did not post any pictures depicting the results of abuse because it is horrifying. If you must see - Google for images of Krokodil.Authorities are warning to be cautious of...
$700 Million Settlement Against Johnson and Johnson – What’s Your Cut?
Attorney General Nessel Reaches $700 Million Settlement Against Johnson and JohnsonYour mom and your dad have been covering you with Johnson and Johnson powder since you were a baby. There was always a cloud of powder in the air as they slapped it on you. It got all...
I got a DUI while driving my dad’s boat – Will they take it?
I was out driving my dad's boat on the lake and I got caught drinking. Can they take the boat away from my dad who was not with me?Happy Father's Day - DadNo, in most cases, they likely won't take your dad's boat away for you getting a DUI while driving it. They Could...
Seattle settles case involving – the rights of nature
The Rights of NatureSeattle settled a lawsuit brought by the Sauk-Suiattle Tribe on behalf of salmon harmed by dams on the Skagit River. This is one of the first "rights of nature" cases in the US, and the tribe argued that the lack of fish passage measures violated...
NY judge fines unlicensed cannabis shops $15 million
It's their corner now“This punishment should serve as a clear warning for all unlicensed cannabis stores in the state: we will enforce the law and shut down your operations,” state Attorney General Letitia James saidThe owner of seven unlicensed cannabis shops in New...
