People of Michigan v. Terence Mitchell Bruce, 331232

Defendants Terence Bruce and Stanley Nicholson, federal Border Patrol agents assigned to a multi-agency Hometown Security Team, assisted in executing search warrants at residences linked to a marijuana grow operation.
After the search, the homeowner reported missing non-evidentiary items (a stool and an antique thermometer).
Bruce admitted taking a stool and returned it after being ordered to do so; Nicholson testified a state trooper handed him the thermometer as apparent trash, he attempted to refurbish it, then discarded it after breaking it.
Both were charged with common-law misconduct in office and with larceny; they were acquitted of larceny but convicted of misconduct in office at jury trial, receiving probation and community service.
Defendants moved to dismiss (and later for directed verdict) arguing they were not "public officers" for purposes of the common-law misconduct-in-office offense; the trial court denied relief.
The Court of Appeals vacated the misconduct-in-office convictions, holding defendants were not public officers under the controlling test.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether federal Border Patrol agents qualify as "public officers" for common-law misconduct in office	The State argued defendants acted under color of office while executing warrants and thus meet the public-officer requirement	Defendants argued their positions were federal, created by Congress, not by the Michigan Constitution/Legislature or by a local body under state legislative authority, so they are not "public officers" under Michigan common law	Held: Defendants are not public officers; convictions vacated

People v Coutu, 459 Mich 348 (1999) (sets five-element test for when a position qualifies as a public officer)
People v Perkins, 468 Mich 448 (2003) (describes common-law definitions/elements of misconduct in office)
People v Milton, 257 Mich App 467 (2003) (lists elements the prosecutor must prove for misconduct in office)