People v. Davis

660 N.W.2d 67, 468 Mich. 897
Michigan Supreme Court·Decided April 30, 2003·No. 122491, COA No. 228528·Published·Cited by 8 cases

Opinion

660 N.W.2d 67 (2003)

PEOPLE of the State of Michigan, Plaintiff-Appellant,
v.
Rodrick D. DAVIS, Defendant-Appellee.

Docket No. 122491, COA No. 228528.

Supreme Court of Michigan.

April 30, 2003.

On order of the Court, the application for leave to appeal from the September 20, 2002 decision of the Court of Appeals is considered, and it is DENIED because we are not persuaded that the question presented should be reviewed by this Court.

KELLY, J., concurs and states as follows:

While denying the application for leave to appeal, I would point out that, in the only issue articulated on appeal, the prosecutor assumed that defendant's arrest was unlawful. The question raised was simply was it error for the Court of Appeals to suppress defendant's confession because the Court failed to consider other factors which attenuated that taint of the unlawful arrest.

*68 CORRIGAN, C.J., dissents and states as follows:

I respectfully dissent from the order denying leave to appeal. I question the Court of Appeals conclusion that defendant's arrest was not supported by probable cause.[1] In my view, the investigating police officers had probable cause to arrest defendant for arson and murder, as well as for stalking his ex-girlfriend. If defendant's arrest was lawful, then no taint existed to attenuate. Thus, I would grant leave to appeal to consider whether to reinstate the trial court's finding of probable cause.

I. Factual Background

In the early morning hours of March 24, 1999, a house in Detroit caught fire, killing April Fleming and her mother, who were trapped inside. Defendant is April's ex-boyfriend. Arson investigators determined that the fire had been intentionally set after they detected gasoline behind the house. It is not disputed that the victims died by arson. The identity of the perpetrator was at issue.

While at the scene of the fire on the morning of March 24, 1999, April's friend, Rochelle Carr, informed Investigator Terrell Shaw that she had spoken with April on the telephone at approximately 1:30 a.m. During that conversation, April told Carr that defendant had followed her the previous day to the bank and to work. When April asked defendant why he was following her, he responded that he had nothing better to do.

Carr was also interviewed by Arson Investigator Albert Hood. She told him that April had stated that defendant had been threatening and stalking her. Carr also informed Hood that April had told her that defendant had followed her home the previous day and had told her that "if he couldn't have her, nobody could."

Hood also spoke with Sheritia Nicole Lyons at the scene. She informed him that, although defendant had cried on previous occasions when he and April had broken up, he did not cry that morning when he learned that April was dead. Lyons told Hood that she found defendant's behavior strange. Lyons also told Shaw that April's sister had accused defendant of stalking April. Lyons and LaReesa Tillese Linder asked Carr if defendant had been stalking April, and Carr responded, "No," but, "You know how Rodrick is." Linder then told Hood that April's sister had said that defendant was stalking April and that he had told her that he could not be without her.

It is unclear whether Hood communicated the information that he had learned to Shaw. Shaw instructed another officer to take defendant into custody. The parties agree that defendant was under arrest at that point. This case involves the legality of defendant's arrest and whether incriminating statements that he made following his arrest should have been suppressed.

Before trial, defendant moved to suppress his statements to police. The trial court denied his motion, finding that probable cause existed for his arrest. A jury convicted defendant of two counts of felony murder (arson), M.C.L. § 750.316. The Court of Appeals reversed defendant's convictions on the basis that defendant's arrest was not supported by probable cause. Consequently, the Court concluded, defendant's post-arrest statements should have been suppressed. This application for leave to appeal followed, raising in part the legality of defendant's arrest.

*69 II. Legal Background

Both the federal and Michigan constitutions protect against unreasonable seizures of a person. US Const., Am. IV; Const. 1963, art. 1, § 11; People v. Champion, 452 Mich. 92, 97, 549 N.W.2d 849 (1996); Gillespie, Michigan Criminal Law & Procedure (2d ed.), § 5:1, pp. 3-4. While proof beyond a reasonable doubt is required for a conviction, an arrest requires only reasonable or probable cause. Albright v. Oliver, 510 U.S. 266, 297, 114 S.Ct. 807, 127 L.Ed.2d 114 (1994); People v. Sizemore, 132 Mich.App. 782, 788, 348 N.W.2d 28 (1984). In addition, M.C.L. § 764.15 provides:

(1) A peace officer, without a warrant, may arrest a person in any of the following situations:

* * *

(c) A felony in fact has been committed and the peace officer has reasonable cause to believe the person committed it.

Reasonable or probable cause to arrest exists "where the facts and circumstances within an officer's knowledge and of which he has reasonably trustworthy information are sufficient in themselves to warrant a man of reasonable caution in the belief that an offense has been or is being committed." Champion, supra at 115, 549 N.W.2d 849, citing Brinegar v. United States, 338 U.S. 160, 175, 69 S.Ct. 1302, 93 L.Ed. 1879 (1949); see also Gillespie, supra at § 5:33, p. 70. In People v. Oliver, 417 Mich. 366, 374, 338 N.W.2d 167 (1983), this Court stated:

The first rule in determining whether an officer had probable cause to make an arrest is whether there are any facts which would lead a reasonable person to believe that the suspected person has committed a felony. Secondly, a police officer's belief that a defendant has committed a felony must be based on facts which are present at the moment of the arrest.
Thus, this Court laid down the following standard to be employed by Michigan appellate courts when applying these two rules:
"Therefore, in reviewing a claim that a police officer lacked probable cause to arrest, the reviewing court must determine whether facts available to the officer at the moment of arrest would justify a fair-minded person of average intelligence in believing that the suspected person had committed a felony. Each case must be analyzed in light of the particular facts confronting the arresting officer." [Citations omitted.]

III. Analysis

A. Probable Cause to Arrest for Murder and Arson

The collective information known by the officers before defendant's arrest justified a fair-minded person of average intelligence in believing that defendant had committed a crime. At the time of defendant's arrest, the officers were aware that defendant had been stalking April and had threatened her. Gasoline had been detected at the rear of the house. In addition, when told about April's death, defendant did not seem particularly upset.

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People v. Davis, 660 N.W.2d 67, 468 Mich. 897 (Mich. 2003).

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