People v. Nguyen
305 Mich. App. 740
Mich. Ct. App.2014Background
- Defendant was stopped by Troy Police in 2010 after ICE informant planned to buy cocaine from him in Troy.
- During stop, officer detected a bulge in defendant's pocket; cocaine was later recovered from the pocket.
- Defendant waived Miranda rights and admitted operations at his home; drugs and weapons were later found there.
- District court suppressed the pocket cocaine as fruits of an unlawful arrest; counts I and related counts were addressed
- Circuit court reversed suppression, finding probable cause and a lawful arrest; fruit of the poisonous tree doctrine did not apply to statements
- Defendant pled guilty to 17 counts under a conditional plea; appeal questioned suppression rulings and the legality of the arrest/search
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there probable cause to arrest at stop? | Cl credibility and corroboration by ICE/police established probable cause. | Probable cause did not exist or dissipated after initial searches. | Probable cause existed; arrest lawful |
| Did probable cause dissipate after pat-down and vehicle search? | Dissipation wrong; continued probable cause due to corroborated informant. | Dissipated due to no cocaine found during early searches. | Probable cause did not dissipate |
| Is a search incident to arrest valid when conducted before the arrest? | Search could occur before arrest if there is probable cause to arrest. | Pre-arrest search not valid as incident to an arrest. | Search incident to arrest valid; arrest later deemed lawful |
| Were the pocket cocaine and post-arrest statements properly admitted despite suppression rulings? | Suppression reversed; evidence admissible under probable cause and lawful arrest. | Statements and evidence should have been suppressed as fruits of unlawful arrest. | Suppression reversed; evidence admitted |
| Was the stop an investigatory Terry stop or a probable-cause stop? | Stop supported by probable cause due to informant corroboration. | Stop unjustified by Terry without probable cause. | Stop supported by probable cause; Terry not controlling |
Key Cases Cited
- Illinois v. Gates, 462 U.S. 213 (1983) (probable cause based on totality of circumstances; informant corroboration allowed)
- People v Levine, 461 Mich 172 (1999) (informant reliability and corroboration in determining probable cause)
- People v Dixon, 392 Mich 691 (1974) (collective knowledge approach to probable cause)
- People v Mackey, 121 Mich App 748 (1982) (probable cause based on circumstantial evidence and inferences)
- Knowles v. Iowa, 525 U.S. 113 (1998) (purpose of search incident to arrest and preservation of evidence)
- People v Russo, 439 Mich 584 (1992) (staleness and continuity of probable cause; temporal limits)
- People v LaBelle, 478 Mich 891 (2007) (search incident to arrest before arrest may be valid if arrest follows quickly)
- People v Cipriano, 431 Mich 315 (1988) (arrest probable-cause inquiry is objective)
- Beuschlein, 245 Mich App 744 (2001) (limits and justification for searches without warrants)
- Terry v. Ohio, 392 U.S. 1 (1968) (limited pat-downs for weapons require reasonable suspicion)
- People v Eaton, 241 Mich App 459 (2000) (distinction between Terry frisk and search incident to arrest)
- Rawlings v. Kentucky, 448 U.S. 98 (1980) (timing of searches relative to arrest may impact legality)