People v. Payton
People v. Payton
Opinion of the Court
The prosecutor appeals from a Detroit Recorder’s Court order granting defendant’s motion to suppress evidence and dismissing a charge of carrying a concealed weapon against defendant.
Following defendant’s preliminary examination, he was bound over on a charge of carrying a concealed weapon. Defense counsel subsequently filed a motion to suppress the evidence or, in the alternative, for an evidentiary hearing. The thrust of defendant’s motion was that the police lacked either probable cause or reasonable suspicion to stop and frisk him.
At the evidentiary hearing, Detroit police officer Douglas Weems testified that he was on routine
The trial court granted defendant’s motion to suppress evidence of the weapon. The trial court concluded that the officers had no probable cause to stop the defendant.
First, we note that this Court will not disturb a trial court’s ruling at a suppression hearing unless it is clearly erroneous. People v Burrell, 417 Mich 439, 448; 339 NW2d 403 (1983).
The Fourth Amendment to the United States Constitution proscribes seizures which are not justified by probable cause. Dunaway v New York, 442 US 200; 99 S Ct 2248; 60 L Ed 2d 824 (1979). In Terry v Ohio, 392 US 1; 88 S Ct 1868; 20 L Ed 2d 889 (1968), the Supreme Court noted that whenever a police officer accosts an individual and restrains his freedom to walk away he has "seized” that person. Id. However, not all seizures of a person must be sustained by probable cause. Terry created a limited exception to the requirement of probable cause in a "seizure” of a person if the police officer has a reasonable, articulable suspicion that the person has committed or is
In this case, the police officers, on routine patrol, heard gunshots in the immediate vicinity. The officers’ search of the area revealed defendant, who immediately ducked between two buildings. A moment later they observed a black car leave the area with its headlights oif. Although the car and defendant apparently had no relationship, defendant was spotted once again, approximately one minute later, in the immediate vicinity of the shots. Having heard the gunshots, and seen several individuals fleeing the area, we believe the officers had reasonable grounds to suspect criminal activity was afoot. Defendant was seen fleeing the immediate vicinity of the shots by the police officers. We believe the officers were justified in stopping defendant, and, having heard shots, it was reasonable to conclude that the person with whom they were dealing may have been armed and dangerous. We distinguish this case from those in which a defendant flees upon seeing a police car and the police stop and frisk the individual for no other reason than his flight. See People v Chesternut, 157 Mich App 181, 183-184; 403 NW2d 74 (1986) , lv den 428 Mich 874 (1987). In this case, the
Reversed and remanded.
Dissenting Opinion
(dissenting). I must respectfully dissent. The trial judge had the advantage of hearing the testimony of the arresting officers. He was obviously unpersuaded after listening to this testimony and observing the officer that the officers had a sufficient basis for making a determination that the man they stopped was the same man they saw in the area where the shots were fired. If the basis for that essentail determination is inadequate, as the trial court apparently concluded, then the foundation for the Terry stop collapses.
I would affirm.
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