People v. Ragland
People v. Ragland
Opinion of the Court
After a bench trial defendant was found guilty of carrying a pistol in a motor vehicle, MCL 750.227; MSA 28.424, and sentenced to from 1 to 5 years imprisonment. He appeals his conviction as of right. The sole issue on appeal is whether the trial court erred in denying defendant’s motion to suppress the gun as evidence on the basis of an illegal search and seizure. We are not left with a definite and firm conviction that the trial court erred in denying defendant’s motion to suppress and affirm defendant’s conviction.
At the hearing on defendant’s motion to suppress, Herbert Schuller, a Highland Park police officer, testified that at approximately 2:45 p.m. on September 25, 1983, he was driving in his patrol car on McNichols east of Woodward when he spotted defendant driving a blue Ford in an erratic
Defendant testified on his own behalf. Defendant did not deny that he was carrying the weapon nor did he contest the validity of the traffic stop or the traffic-related arrest. Although much of his testi
The trial court found New York v Belton, 453 US 454; 101 S Ct 2860; 69 L Ed 2d 768 (1981), reh den 453 US 950 (1981), controlling in the instant case. The court made no findings of fact with respect to the discrepancy between Officer Schuller’s and defendant’s stories, finding them irrelevant to the application of Belton’s objective test permitting searches of passenger compartments of motor vehicles incident to lawful arrests. The court found that under Belton the search in the present case would be lawful as a search incident to a lawful arrest. It further found the interim bail statute cases such as People v Dixon, 392 Mich
Defendant first contends that the search of his vehicle violated Michigan law.
We find that the search of the passenger area of defendant’s vehicle and subsequent seizure of the gun outlined in the shaving kit falls within the scope of a permissible search under Belton, supra. Under Belton, when an officer has made a lawful custodial arrest of the occupant of an automobile, he may, as a contemporaneous incident of that arrest, search the passenger compartment and examine the contents of any containers found therein. Belton, 453 US 459-460. Although searches incident to lawful custodial arrests such as those in Belton are permitted in order to insure the officer’s safety, the United States Supreme Court in Belton, in order to establish a workable
We now turn to defendant’s next argument, that the pistol should be suppressed from admission into evidence because it was seized in violation of the interim bail statute, MCL 780.581; MSA 28.872(1). He argues that our Supreme Court’s decision in People v Dixon, supra, requires suppression of the gun. In Dixon, defendant, arrested in the middle of the night for driving without a license, was subjected to an unfruitful search at the scene of the arrest. Defendant was transported to the police station but was not informed of his right under the interim bail statute to immediate release upon posting bail if no magistrate was available before whom he could be brought. A subsequent inventory search prior to defendant’s incarceration uncovered several packets of heroin on his person. The Supreme Court found that the
In the instant case, the search of defendant and the passenger compartment of his car was a search incident to a lawful arrest. It was not, as in Dixon, an inventory search at the police station. The legislative policy underlying the interim bail statute is the avoidance of the "unwarranted and unnecessary inconvenience, embarrassment and risk attendant incarceration for a minor traffic offense”. Dixon, 392 Mich 705-706. In contrast, searches of passenger compartments incident to lawful arrests are permitted for the protection of the arresting officer.
Upon our review of the record we are not left with a definite and firm conviction that the trial court , made a mistake in denying defendant’s motion to suppress the evidence, People v Burrell, 417 Mich 439, 449; 339 NW2d 403 (1983), and must therefore affirm its ruling.
Affirmed.
Defendant raises this as an issue separate from his claim that the search violated the Michigan interim bail statute, MCL 780.581; MSA 28.872(1), discussed infra.
Even though there may be some question of whether the officer in the instant case was in danger at the time of defendant’s arrest, especially since defendant may have been handcuffed and in another vehicle, we again point out that the United States Supreme Court in Belton, supra, in order to establish a workable rule in these types of situations, did not focus on a subjective appraisal of what areas wei*e in immediate control of the arrestee and were thus of potential danger to the arresting officers, but held that an officer may search the passenger compartment of an automobile and containers therein pursuant to a lawful custodial arrest. This is underscored by the fact that in Belton none of the occupants were within lunging distance of the vehicle searched.
Concurring Opinion
(concurring). I concur with the decision in this case while expressing my disagreement with the majority opinion in Belton, supra, and indicating my approval of the dissenting opinion of Justice Brennan in that case.
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