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 – Money back for former homeowners
In a landmark decision, the Michigan Supreme Court has ruled that counties cannot retain surplus proceeds from tax-foreclosed property sales, a move poised to return millions to former homeowners. This ruling, stemming from the case Rafaeli, LLC v. Oakland County,...
SCOTUS – Justices uphold laws targeting homelessness
Does not amount to “cruel and unusual punishment” under the Eighth Amendment The Supreme Court has affirmed the validity of ordinances in a southwest Oregon city that restrict individuals experiencing homelessness from utilizing blankets, pillows, or cardboard boxes...
Other Articles
Harris unveils new proposals targeting black men with cannabis legalization
"Harris unveils new proposals targeting Black men as she looks to shore up Democratic coalition" CNNAmid the ongoing national issues, Vice President Kamala Harris introduced new initiatives on Monday aimed at addressing the needs of Black men as she works to bolster...
Cleary becomes latest US law firm to add non-equity partners
See you in the Home Depot lot.Oct 10, 2024 (Reuters) Cleary Gottlieb Steen & Hamilton will create a new category of non-equity partners, becoming the latest major U.S. law firm to move away from the traditional single-tier structure in which all partners have an...
What is the Difference Between a Magistrate and a Judge
What's the difference between a Magistrate and a Judge in Michigan?In Michigan’s court system, both magistrates and judges play important roles, but they have different responsibilities and authority. Understanding the differences between the two can help you know...
Add on charges for your permanent record – Using a computer
The Use of Electronic Devices to Commit Crimes in Michigan Yes that means your cellphone... Computer" means any connected, directly interoperable or interactive device, equipment, or facility that uses a computer program or other instructions to perform specific...
MI Court of Appeals – MRTMA defense denied dismissal
Does the Michigan Regulation and Taxation of Marihuana Act protect you in all Marijuana scenarios?The Conflict The central issue in this interlocutory appeal is whether the Michigan Regulation and Taxation of Marihuana Act (MRTMA), MCL 333.27951 et seq., prevents a...
The “Automobile Exception” in Michigan law
The "automobile exception" in Michigan law allows police to search a vehicle without a warrant if they have probable cause to believe it contains evidence of a crime.This exception is grounded in the idea that vehicles are inherently mobile, meaning evidence could be...
Can You Be Charged for Using Your Phone During a Crime in Michigan?
Your breaking the law if you are using a cellphone while driving. On top of that if you're committing a crime and you use the phone... You're in for a prosecutor's extra round of office high fives.Can You Be Charged for Using Your Phone During a Crime in Michigan?...
The search being challenged was triggered by the odor of cannabis
The case People of Michigan v. Freddie Wilkins III (No. 367209) revolves around a legal challenge regarding the search of a vehicle without a warrant.Police conducted a warrantless search under the "automobile exception."The case People of Michigan v. Freddie Wilkins...
