People v. Cohen
294 Mich. App. 70
| Mich. Ct. App. | 2011Background
- Police stop a vehicle with defendant as a passenger for a license-plate issue; cocaine paraphernalia and cocaine residue are in plain view on the center console.
- Scale and residue test positive for cocaine; defendant and Pondexter are arrested for joint constructive possession of paraphernalia and residue.
- At station, defendant discards a bag containing rock cocaine; officer recovers the bag weighing about 25 grams; field-tested positive.
- Prosecutor charges defendant with possession with intent to deliver (<50 g) and possession of <25 g cocaine; district court dismisses the simple possession charge for lack of ownership.
- Circuit court suppresses the rock cocaine as fruit of an unlawful arrest, relying on the lack of probable cause to bind over.
- Court analyzes whether arrest probable cause differs from bindover standard and reverses, holding arrest was supported by probable cause and suppression was improper.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are arrest probable cause and bindover prob. cause the same? | Defendant (via circuit court) argues arrest prob. cause requires bindover prob. standard. | Defendant contends the two standards are different; lack of bindover evidence invalidates arrest. | They are distinct standards; arrest prob. cause is not the same as bindover prob. cause. |
| Was there probable cause to arrest defendant based on paraphernalia and residue? | Probable cause shown by drug paraphernalia and cocaine residue within reach of both occupants. | No specific ownership or control by defendant over paraphernalia, undermining probable cause. | Probable cause existed to arrest defendant for possession with Pondexter of paraphernalia and residue. |
| Is evidence obtained after a constitutionally valid arrest admissible if a later bindover lacks probable cause? | Evidence should be admissible if arrest was valid; suppression not warranted. | Suppression appropriate because arrest lacked probable cause to bind over. | Evidence obtained after a valid arrest remains admissible; suppression reversed. |
Key Cases Cited
- People v. Perkins, 468 Mich 448 (2003) (probable cause standard at preliminary examination; binding over)
- People v. Davis, 250 Mich App 357 (2002) (suppression standard; review of factual findings de novo)
- People v. Custer, 465 Mich 319 (2001) (exclusionary rule; evidentiary review de novo)
- Maryland v. Pringle, 540 U.S. 366 (2003) (probable cause standard; totality of circumstances)
- People v. Wolfe, 440 Mich 508 (1992) (constructive possession; proximity as evidence)
- People v. Meshell, 265 Mich App 616 (2005) (totality of circumstances linking defendant to substance)
- People v. Reese, 281 Mich App 290 (2008) (probable cause to arrest requires belief offense occurred and defendant committed it)
- Williams v. Kobel, 789 F2d 463 (1986) (probable cause at preliminary hearing distinct from arrest standard)