People v. Carey

170 N.W.2d 145, 382 Mich. 285, 1969 Mich. LEXIS 104
CourtMichigan Supreme Court
DecidedSeptember 3, 1969
DocketCalendar 7, Docket 52,041
StatusPublished
Cited by24 cases

This text of 170 N.W.2d 145 (People v. Carey) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Carey, 170 N.W.2d 145, 382 Mich. 285, 1969 Mich. LEXIS 104 (Mich. 1969).

Opinions

T. M. Kavanagh, J.

On April 2, 1963, defendant, while driving a truck leased by a private company hauling its own products, was stopped by a motor carrier inspector employed by the Michigan public service commission. The inspector asked to examine defendant’s driver’s logbook (driving record). When defendant refused, he was told he was under arrest for failure to display his “driver’s logbook to a peace officer upon demand.”

In reply to defendant’s question of “Who’s going to arrest me,” the inspector replied “I will.” Defendant placed his truck in gear and drove away. The inspector gave chase and overtook defendant’s vehicle and, with his red light oscillating and siren sounding, waved to defendant to “move over.” Defendant disobeyed. The inspector then drove in front of the truck and slowed to a near stop. Defendant drove around him.

On April 6, 1963, at 2 a.m., the defendant was arrested in his home by an officer from the Plymouth police department who was accompanied by two inspectors employed by the public service commission, and transported to the Oakland county jail. [290]*290Defendant was arraigned, waived examination, and was bound over to circuit court on a charge of resisting and opposing an inspector of motor carriers for hire — hereafter referred to as “motor carrier inspector” — in attempting to arrest him on April 2, 1963, “for failure to display daily logbook” as required by PA 1937, No 314,1 commonly known as the motor carrier safety act — hereafter referred to as the “safety act.”

Defendant filed a motion to quash the summons and complaint for the reasons that the motor carrier inspector was not a “peace officer” within the meaning of the criminal statute — PA 1931, No 328, §479 (CL 1948, § 750.479 [Stat Ann 1954 Rev § 28.747]); and that even if the inspector were a peace officer he had no right to arrest defendant under the circumstances because defendant had not committed a misdemeanor in the presence of the inspector. The motion to quash was denied by the trial court.

■ Defendant sought a directed verdict at the close of the people’s testimony, for the reason that the motor carrier inspector was without authority to arrest persons not licensed by the public service commission and the testimony did not support the charge shown in the warrant and complaint. The trial court denied the motion. The jury returned a verdict of guilty. The Court of Appeals affirmed. 11 Mich App 213. Defendant is here on leave granted. 381 Mich 768.

The questions raised by defendant are:

(1) Whether motor carrier inspectors, employed by the public service commission, are peace officers [291]*291as the term “peace officer” is used in PA 1937, No 314, §2 (CL 1948, § 480.2)?

(2) If motor carrier inspectors employed hy the public service commission were police officers, could they lawfully stop and detain by force the driver of a motor vehicle truck for the sole purpose of demanding the driver’s daily logbook, even though they had no reason whatever to believe a crime had been committed?

(3) If motor carrier inspectors employed by the public service commission were police officers, could they lawfully compel a driver of a motor vehicle truck to involuntarily surrender his daily logbook (driving record) for the purpose of possibly furnishing information on which the driver could be charged with a crime?

(4) Whether the driving away of a motor vehicle and the disobedience of an inspector’s signal to stop constitutes “resisting and opposing” in violation of the penal code — PA 1931, No 328, § 479?

(5) Did the complaint and warrant allege and did the evidence show that defendant violated the statute pursuant to which the arrest was attempted?

(6) Did the Court of Appeals err in holding that the case had been moot since October 28, 1965, because the conditions of probation had been completed and defendant discharged from probation on that date? (This latter issue appears only in a concurring opinion and is not dispositionally relevant.)

The crucial question is whether a public service commission inspector was a peace officer empowered pursuant to article 5, § 13 of the motor carrier act (CL 1948, §479.13 [Stat Ann § 22.578]) to enforce all the general laws of this State, including the safety act.

It is argued by the people that it was the intent of the legislature to place the responsibility for the [292]*292enforcement of the safety act on the public service commission. More specifically, section la of the act read:

“The purpose of this act is to safeguard the persons and property of those upon and along the highways within this state, arising from the operation thereon, by persons physically unfitted or physically impaired from exhaustion or other causes, of motor trucks, tractors and trailers, and from the operation thereon of motor trucks, tractors and trailers without reasonably proper safety devices and appliances; and the Michigan public service commission is hereby authorized and empowered to malee such rules and regulations as are reasonably necessary to the accomplishment of this purpose.” (Emphasis added.) CL 1948, § 480.1a (Stat Ann 1960Rev § 9.1665[la]).

This argument fails to distinguish between the regulatory power which is clearly vested in the public service commission and the power to enforce the act. As to the latter power, section 2 of the act unequivocally entrusted the power to demand the display of the logbook only to a peace officer:

“Said daily log or record shall be displayed by the operator or driver of the vehicle upon which the same is maintained, at any time upon demand of any peace officer of the state or any division thereof. The failure to maintain said daily log or record upon each such motor truck or tractor, and to make the entries hereinbefore named, or to display the same or furnish copies thereof to the Michigan public service commission or to the department of labor and industry, as hereinbefore provided, shall be deemed to be a violation of this act by the owner or user of the vehicle in question.” (Emphasis added.) CL 1948, § 480.2 (Stat Ann 1960 Rev § 9.1665[2]).

The legislative designation of a “peace officer” in section 2 of the safety act is plain and unambiguous [293]*293and no interpretation or construction of this particular section is necessary. Acme Messenger Service Co. v. Unemployment Compensation Commission (1943), 306 Mich 704; In re Chamberlain’s Estate (1941), 298 Mich 278; Geraldine v. Miller (1948), 322 Mich 85; Knapp v. Palmer (1949), 324 Mich 694; Van Antwerp v. State (1952), 334 Mich 593; Mercy Hospital v. Crippled Children Commission (1954), 340 Mich 404; Barthowiah y. Wayne County (1954), 341 Mich 333; Big Bear Markets of Michigan, Inc., v. Liquor Control Commission (1956), 345 Mich 569. The Court can only give full effect to the plain meaning of the term as used in the statute and cannot read into the law a requirement that the lawmaking body has seen fit to omit. In re Hurd-Marvin Drain (1951), 331 Mich 504; Staiger v. Liquor Control Commission (1953), 336 Mich 630.

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People v. Carey
170 N.W.2d 145 (Michigan Supreme Court, 1969)

Cite This Page — Counsel Stack

Bluebook (online)
170 N.W.2d 145, 382 Mich. 285, 1969 Mich. LEXIS 104, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-carey-mich-1969.