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 – Forfeiture of 2006 Saturn ION
FORFEITURE OF 2006 SATURN IONMichigan Supreme Court Ruling - July 25, 2025 The Michigan Supreme Court has ruled that Detroit police can no longer seize cars through civil asset forfeiture unless they can demonstrate that the vehicle was used for drug trafficking.The...
The 6th Amendment – Do You Know What It Is?
The 6th Amendment: is it still a thing?The 6th Amendment to the United States Constitution is a crucial pillar of the Bill of Rights, designed to ensure fair and just legal proceedings for individuals accused of crimes. Ratified on December 15, 1791, this amendment...
Other Articles
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...
Prohibited person possessing firearm
Thinking about going hunting? Not if you are a person who is prohibited from possessing a firearm in Michigan.In Michigan, certain individuals are legally prohibited from owning or possessing a firearm. Being caught with a firearm if you fall under this category can...
Carrying a Concealed Weapon in Michigan
Carrying a concealed weapon (CCW) in Michigan without proper authorization is a crime.Carrying a concealed weapon (CCW) in Michigan without proper authorization can lead to serious criminal charges. Michigan law has strict regulations regarding firearms, and violating...
MI Supreme Court Declines to Intervene in Public Records Dispute
Michigan Supreme Court Declines to Intervene in Public Records DisputeTeachers Union and School District at Odds Over Data AccessThe Michigan Supreme Court recently declined to hear a case regarding whether public school teachers' class materials are subject to the...
Felony Firearm Possession in Michigan
Felony Firearm Possession in Michigan.In Michigan, the laws surrounding firearms are strict, especially when it comes to felony firearm possession. If you’re charged with a felony and found to be in possession of a firearm during the crime, the penalties can be...
Charged with Involuntary Manslaughter for “Stopping” Thief
Charge with involuntary manslaughter for stopping thief.PEOPLE OF THE STATE OF MICHIGAN V. HASSAN WALID AIYASHCase Summary: This case revolves around a gas station attendant who was charged with involuntary manslaughter after a patron was fatally shot inside the...