People of Michigan v. Clifton James Merriweather
333040
| Mich. Ct. App. | Nov 16, 2017Background
- On Jan. 23, 2015, Michigan State Police stopped a beige Buick for a loud muffler and an illegal turn; defendant was the front-seat passenger and Wynn was the driver/owner’s son.
- Wynn consented to a vehicle search; trooper Darling found a clear plastic bag under the passenger seat containing ~148 grams of heroin/fentanyl.
- Defendant was removed, searched, and found with $3,066 in small bills; a K-9 alerted to the money and the bag.
- Defendant was charged with possession with intent to deliver 50–450 grams of heroin and/or fentanyl and convicted by jury; sentenced as a fourth habitual offender to 15–60 years.
- On appeal defendant challenged (1) sufficiency of the evidence as to possession and (2) the denial of an evidentiary hearing on a suppression motion regarding the stop/search.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence of possession | Evidence (bag under passenger seat, within reach, large cash, K-9 alerts) supports constructive possession | Circumstantial evidence insufficient to prove defendant possessed the drugs | Affirmed — totality of circumstances supports constructive possession |
| Standing to challenge search | Stop and search were lawful; Wynn consented so search valid | Passenger had standing and trial court erred by denying evidentiary hearing on suppression | Affirmed — defendant lacked possessory interest in vehicle and Wynn’s consent defeats challenge |
| Reasonableness/length of stop | Troopers had cause to investigate (loud muffler, illegal turn, nervous driver, inconsistent stories) | Stop was unlawfully prolonged; factual dispute warranted hearing | Affirmed — no disputed material facts; extension justified by suspicion and thus reasonable |
Key Cases Cited
- People v. Gaines, 306 Mich. App. 289 (2014) (standard for reviewing sufficiency of the evidence)
- People v. Nowack, 462 Mich. 392 (2000) (circumstantial evidence and permissible inferences)
- People v. Wolfe, 440 Mich. 508 (1992) (constructive possession and sufficient nexus test)
- People v. Konrad, 449 Mich. 263 (1995) (constructive possession requires awareness and right to control)
- People v. Steele, 292 Mich. App. 308 (2011) (standard of review for suppression motions)
- People v. Davis, 250 Mich. App. 357 (2002) (probable cause for traffic stop based on observed violation)
- People v. Williams, 472 Mich. 308 (2005) (scope and permissible duration of a traffic stop)
- People v. Brown, 279 Mich. App. 116 (2008) (consent of driver can negate passenger’s challenge)
- People v. Earl, 297 Mich. App. 104 (2012) (passenger’s expectation of privacy requires possessory or property interest)