People v. Waddell, Docket No. 67669
| Decision Date | 16 March 1984 |
| Docket Number | Docket No. 67669 |
| Citation | 132 Mich.App. 171,347 N.W.2d 13 |
| Parties | The PEOPLE of the State of Michigan, Plaintiff-Appellant, v. John WADDELL, Jr., Defendant-Appellee. |
| Court | Court of Appeal of Michigan — District of US |
Frank J. Kelley, Atty. Gen., Louis J. Caruso, Sol. Gen., William L. Cahalan, Pros. Atty., Edward Reilly Wilson, Deputy Chief Appellate Asst. Pros. Atty., and John A. Scavone, Asst. Pros. Atty., for the People.
James H. Daniel, Detroit, for defendant-appellee.
Before T.M. BURNS, P.J., and GRIBBS and HOEHN, * JJ.
On May 23, 1982, appellee was stopped by Detroit police officers for driving his motor vehicle in an erratic manner. A computer check revealed that appellee was driving on a suspended license. He was asked to exit from the car, was placed under arrest and handcuffed.
One of the officers noticed a duffle bag in the back of appellee's car. The duffle bag belonged to appellee. The officer proceeded to search the duffle bag and, inside the duffle bag, he found another bag. The second bag contained a gun and appellee was arrested for carrying a pistol in a motor vehicle, M.C.L. Sec. 750.227; M.S.A. Sec. 28.424.
After an evidentiary hearing, the trial court suppressed the gun as evidence and dismissed the case on the grounds that the police officer's conduct violated the Fourth Amendment's prohibition against unreasonable searches and seizures.
Once again, we are in the sensitive area between the rights of the citizen not to be subjected to unreasonable searches and seizures and the necessity of the police to search a vehicle when the driver has been arrested. The ambivalence of the Supreme Court on this subject is apparent in its history as outlined in New York v. Belton, 453 U.S. 454, 101 S.Ct. 2860, 69 L.Ed.2d 768 (1981).
In Belton, a policeman stopped a car with three occupants for driving at an excessive rate of speed. In the course of checking the license of the driver and registration of the automobile, the officer smelled burned marijuana and observed an envelope on the floor of the vehicle which he associated with marijuana. The policeman directed the occupants to get out of the car and placed them under arrest for the unlawful possession of marijuana. The officer first searched the occupants of the car and then proceeded to search the interior of the car. On the back seat, he found a black leather jacket belonging to one of the occupants. He unzipped one of the pockets and discovered cocaine. The issue in Belton was whether or not an officer may search incident to a lawful arrest when there is no longer any danger that the arrestee or a confederate might gain access to the contraband article. That is to...
To continue reading
Request your trial
-
People v. Alfafara
...den. 417 Mich. 1100.35 (1983). See also People v. Miller (On Remand), 128 Mich.App. 298, 340 N.W.2d 858 (1983), and People v. Waddell, 132 Mich.App. 171, 347 N.W.2d 13 (1984), both finding Belton Defendant contends that it would have been erroneous for the lower courts to apply Belton becau......
-
People v. Sinistaj, Docket No. 109816
...2860, 2863-2864, 69 L.Ed.2d 768 (1981); People v. Ragland, 149 Mich.App. 277, 281, 385 N.W.2d 772 (1986); People v. Waddell, 132 Mich.App. 171, 172-173, 347 N.W.2d 13 (1984). Therefore, the evidence obtained from defendant's person and from the passenger compartment of his vehicle was seize......
-
People v. Ragland
...test based on an appellate court's appraisal of the likelihood that defendant posed a danger to the officer. People v. Waddell, 132 Mich.App. 171, 173, 347 N.W.2d 13 (1984); People v. Jackson, 123 Mich.App. 423, 429, 332 N.W.2d 564 (1983), lv. den. 417 Mich. 1100.35 (1983). Under the object......