DocketNumber: Docket No. 303083
Citation Numbers: 296 Mich. App. 506
Judges: Markey, Murray, Shapiro
Filed Date: 5/15/2012
Status: Precedential
Modified Date: 9/9/2022
The district court bound defendant over to the circuit court on a charge of possession of less than 25 grams of heroin, MCL 333.7403(2)(a)(c), on the basis of evidence seized during a traffic stop conducted for a violation of MCL 257.709. The circuit court suppressed the evidence from the search, held MCL 257.709 void for vagueness, and dismissed the charges against defendant. The prosecution appeals by right. We reverse.
This Court will not reverse a trial court’s findings regarding a motion to suppress evidence as illegally seized unless they are clearly erroneous. People v Waclawski, 286 Mich App 634, 693; 780 NW2d 321 (2009). A finding is clearly erroneous if it leaves this Court with a definite and firm conviction that the trial court made a mistake. Id. We review de novo as a question of law whether a search was supported by the constitutional standard of reasonable suspicion. People v Bloxson, 205 Mich App 236, 245; 517 NW2d 563 (1994); see also United States v Arvizu, 534 US 266, 275; 122 S Ct 744; 151 L Ed 2d 740 (2002).
The right against unreasonable searches and seizures is guaranteed by both the United States and Michigan Constitutions. US Const, Am IV; Const 1963, art 1, § 11; People v Kazmierczak, 461 Mich 411, 417; 605 NW2d 667 (2000). Generally, if evidence is unconstitutionally seized, it must be excluded from trial. People v Goldston, 470 Mich 523, 528; 682 NW2d 479 (2004); Terry v Ohio, 392 US 1, 12-13; 88 S Ct 1868; 20 L Ed 2d 889 (1968). But a police officer may stop and detain a motor vehicle on the basis of an articulable and reasonable suspicion that the vehicle or one of its occupants is violating the law, including a law regulating equipment. People v Matthew Williams, 236 Mich App 610, 612; 601 NW2d 138 (1999). This Court’s determination of whether there was reasonable suspicion to justify a stop must be made on a case-by-case basis, evaluated under the totality of the circumstances, and based on common sense. People v Jenkins, 472 Mich
A court is required to suppress evidence otherwise lawfully seized during a traffic stop only if the officer did not have reasonable suspicion to justify the stop. See People v Davis, 250 Mich App 357, 363-364; 649 NW2d 94 (2002); Williams, 236 Mich App at 612. The statute that provided the basis for the traffic stop at issue, MCL 257.709(1), provided at the time:
A person shall not drive a motor vehicle with any of the following:
(c) A dangling ornament or other suspended object that obstructs the vision of the driver of the vehicle, except as authorized by law.[1 ]
The facts and circumstances at issue provided Beisel the requisite articulable and reasonable suspicion to justify the stop. First, Beisel was able to see the air freshener from his patrol car while he was driving behind defendant. Second, the air freshener was hang
Furthermore, after stopping defendant, Beisel observed an object being thrown out the front passenger window. Beisel saw a syringe in the vicinity of the thrown object. The ongoing legality of the detention after the initial stop must be reasonable and depends on “the evolving circumstances with which the officer is faced.” Williams, 472 Mich at 315. In this case, the extension — or arguably the continuation — of the detention was justified on the basis of Beisel’s observing the suspected drug paraphernalia.
Second, the prosecution argues that the version of MCL 257.709 that defendant was charged with violating was not facially void for vagueness or unconstitutional as applied. We agree.
This Court reviews de novo a void-for-vagueness challenge not involving First Amendment freedoms “ ‘in light of the facts of the case at hand.’ ” People v Nichols, 262 Mich App 408, 409-410; 686 NW2d 502 (2004) (citation omitted).
Statutes are presumed to be constitutional, and the party challenging the statute has the burden of showing the contrary. People v Sands, 261 Mich App 158, 160; 680 NW2d 500 (2004). When a party asserts a facial challenge to the constitutionality of a statute, the party must demonstrate that no circumstances exist under which the statute would be valid. Id. at 160-161.
The applicable version of the challenged statute, MCL 257.709, was not facially void for vagueness or unconstitutional as applied to defendant. The statute used commonly understood, definite terms that placed ordinary citizens on notice of the prohibited conduct and provided police officers sufficient guidance to apply the statute in a nonarbitrary and nondiscriminatory way. As used in the statute, “dangling ornament” and “suspended object” are commonly understood phrases. “Dangle” is defined as “to hang loosely, especially] with a swaying motion.” Random House Webster’s College
The circuit court adopted the reasoning of defense counsel that a windshield glare or a rearview mirror could have violated the statute and, therefore, the statute was void for vagueness. Although there is a legitimate argument that a rearview mirror or windshield glare could obstruct a driver’s view, the statute prohibited dangling or suspended objects that obstruct a driver’s view. Windshield glare is not a dangling or suspended object. A rearview mirror is not commonly understood as a dangling or suspended object. The reference to an object that is dangling or suspended implies that the object is hanging or is allowed to move freely. Therefore, the statute was not void for vagueness.
We reverse and remand for further proceedings consistent with this opinion. We do not retain jurisdiction.
The Legislature amended MCL 257.709 in 2010 PA 258, effective December 14, 2010, to provide in relevant part:
(1) A person shall not operate a motor vehicle with any of the following:
(c) Are object that obstructs the vision of the driver of the vehicle, except as authorized by law. [Emphasis added.]
Although applying the amended version of the statute would not change our conclusion, we refer in this opinion to the statute in effect at the time of the traffic stop.