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:
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