People of Michigan v. Calvin Tillman
331440
| Mich. Ct. App. | Jun 22, 2017Background
- Shortly after midnight on Oct. 2, 2015, police observed defendant driving on a side street and turning off his headlights while still moving; officers stopped the vehicle.
- At the stop officers positioned themselves at driver and passenger sides; defendant was told he was stopped for driving without headlights and later cited for failing to signal when pulling from the curb.
- Officers saw a large quantity of cash in the front passenger area; they ran defendant’s name on LEIN and found no warrants and initially decided to let him go.
- As officers were returning defendant’s license and registration and walking back to their cruiser, an officer, using a flashlight and looking into the vehicle from outside, saw a silver cellophane-wrapped package protruding from under the front passenger seat.
- The officer believed the package resembled wrapped narcotics; officers asked to open the rear doors, removed the package, defendant said it was cocaine, and he was arrested.
- Trial court suppressed the cocaine and dismissed charges; the Court of Appeals reversed, concluding the stop, the observation, and the subsequent search were lawful.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Legality of the traffic stop | Stop was lawful because officer observed driving without headlights | Stop unlawful or pretextual | Stop lawful under MCL 257.684(a) given observed headlight violation |
| Observation into vehicle (flashlight/plain view) | Officer’s flashlight-aided view and leaning to see package was permissible plain view | Observation was an illicit search that tainted the seizure | Observation from outside with flashlight not a Fourth Amendment search (Texas v. Brown principle applied) |
| Probable cause to search/automobile exception | Cash + wrapped package appearance + suspicious driving provided probable cause to search without warrant | Officer lacked probable cause; evidence seen only after unlawful intrusion | Totality (cash, packaging, timing) gave probable cause under automobile exception (Kazmierczak applied) |
| Deference to trial court credibility findings | Video and testimony corroborated officers; trial court erred in discrediting officers | Trial court credited defense account that package was not seen before door opened | Appellate court found record and cruiser video plainly supported officers’ account; trial court’s contrary finding was clearly erroneous |
Key Cases Cited
- People v. Williams, 472 Mich 308 (establishes standard of review for suppression hearings)
- People v. Kazmierczak, 461 Mich 411 (automobile exception: probable cause permits warrantless vehicle searches)
- Texas v. Brown, 460 U.S. 730 (use of flashlight and observing interior from outside is not a Fourth Amendment search)
- Heien v. North Carolina, 574 U.S. 54 (officer’s reasonable mistake of law can justify a stop)
- People v. Tierney, 266 Mich App 687 (appellate deference to trial court credibility findings)