People of Michigan v. Beverly Ann Kocevar
329150
| Mich. Ct. App. | Mar 16, 2017Background
- Officer observed Beverly Ann Kocevar’s vehicle tire cross a solid white fog line while driving.
- Officer initiated a traffic stop after observing the crossing of the fog line.
- During the stop, the officer discovered methadone in Kocevar’s vehicle.
- Kocevar appealed the stop’s validity, focusing on whether driving on or crossing a fog line violates MCL 257.642(1)(a).
- The majority opinion addressed an additional issue—whether the stop was unduly prolonged—even though Kocevar did not raise that issue on appeal; Judge O’Connell dissented, limiting the appeal to the fog-line question.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether driving on or crossing a solid white fog line violates MCL 257.642(1)(a) | Crossing the fog line shows the vehicle was not driven "entirely within a single lane," giving the officer proper cause to stop. | Crossing a fog line does not necessarily breach the statute or provide proper cause. | Judge O’Connell would hold crossing the fog line violates MCL 257.642(1)(a) and therefore provided proper cause for the stop. |
| Whether the traffic stop was unduly prolonged (procedural issue raised by majority) | N/A (issue not raised by Kocevar). | N/A (issue not argued by Kocevar on appeal). | Dissent would not decide this unbriefed issue; ordinarily appellate courts should not resolve issues not raised below or on appeal. |
Key Cases Cited
- People v. Dunbar, 499 Mich 60 (statutory interpretation requires giving effect to every word)
- People v. Jamison, 292 Mich App 440 (use of dictionaries to interpret undefined statutory terms)
- People v. Davis, 250 Mich App 357 (lane violation supported probable cause for a stop)
- Tingley v. Kortz, 262 Mich App 583 (courts should not address issues not raised by the parties)
- People v. Carines, 460 Mich 750 (declining to address unraised issues on appeal)
- People v. Frazier, 478 Mich 231 (application of exclusionary-rule considerations to objectively unreasonable stops)
