People v. Robertson

Michigan Court of Appeals

People v. Robertson

265 N.W.2d 365, 81 Mich. App. 446, 1978 Mich. App. LEXIS 2148

CourtMichigan Court of Appeals

DecidedFebruary 22, 1978

DocketDocket 77-102

StatusPublished

Cited by12 cases

This text of 265 N.W.2d 365 (People v. Robertson) is published on Counsel Stack Legal Research, covering Michigan Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Robertson, 265 N.W.2d 365, 81 Mich. App. 446, 1978 Mich. App. LEXIS 2148 (Mich. Ct. App. 1978).

Pincite

Opinions

M. J. Kelly, J.

Plaintiff appeals from a trial

court order granting defendant’s motion to suppress evidence and dismiss the proceedings.

Defendant was charged with carrying a pistol in a motor vehicle, contrary to MCLA 750.227; MSA 28.424. The evidence presented below at the preliminary examination revealed circumstances under which a limited protective search was allowable.

The arresting officer testified that on September 29, 1976, at approximately 2 a.m., he and his partner were conducting a routine scout car patrol in the area of John R. and Erskine in the City of Detroit. He observed a green Maverick, in which defendant was a passenger, double-parked on Erskine. The occupant of the Maverick appeared to be [449]*449talking to two black males in a blue Thunderbird. The officer turned his patrol car around to investigate. Upon seeing the patrol car, apparently the driver of the Maverick made a U-turn on Erskine and sped away. The officer pursued the Maverick at a speed of 45-50 miles-per-hour in a 25 mile-per-hour zone, finally pulling the car over. The driver of the car was unable to produce a driver’s license or car registration, whereupon she was arrested for driving without a license.

Defendant was seated in the right rear passenger’s seat. As the driver exited the vehicle, the officer observed defendant take a dark-colored object from the right waistband of his pants. Defendant placed the object in a hole, approximately four inches in diameter, where a radio speaker had once been installed. The officer then ordered defendant and a front seat passenger out of the car. He then proceeded to conduct a search of the car, limited to the area of the rear seat where he had observed defendant drop the object. The only object found in the hole was a .32-caliber blue steel automatic, which defendant did not have a permit to carry. The pistol and a live round of ammunition were taken as evidence.

The trial court order suppressing the pistol will be affirmed by this Court unless we find the trial court to be clearly erroneous in granting defendant’s motion. People v Terrell, 77 Mich App 676, 679; 259 NW2d 187 (1977). We hold that the trial court ruling was clearly erroneous. Under the circumstances the only sensible thing for a police officer was to determine if the object dropped in the well hole was a weapon that could be used against him or illegal contraband. A furtive gesture in removing from the waistband and secreting a dark colored object, in a high crime area, in the [450]*450early hours of the morning, after a lawful stop, should not result in suppression of a loaded pistol.

Furthermore, the defendant and his companions rapidly departed from the scene where they were first observed by the police, apparently upon seeing the police turn around and come in their direction. Cf. People v Nelson Pitts, 40 Mich App 567, 576; 199 NW2d 271 (1972), lv den, 388 Mich 791 (1972), People v Evans, 3 Mich App 1; 141 NW2d 668 (1966). This apparently evasive action, coupled with the furtive actions of defendant, is sufficient evidence to justify the limited protective search. Certainly, the facts and circumstances involved more than a mere furtive gesture on the part of defendant. See generally People v Terrell, supra, People v Hall, 40 Mich App 329, 337; 198 NW2d 762 (1972), Pennsylvania v Mimms, 434 US 106; 98 S Ct 330; 54 L Ed 2d 331 (1977).

The order to suppress the evidence is reversed and the proceedings against the defendant are reinstated.

Reversed.

Beasley, P. J., concurred.

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M. J. Kelly, J.

Plaintiff appeals from a trial

court order granting defendant’s motion to suppress evidence and dismiss the proceedings.

Defendant was charged with carrying a pistol in a motor vehicle, contrary to MCLA 750.227; MSA 28.424. The evidence presented below at the preliminary examination revealed circumstances under which a limited protective search was allowable.

The arresting officer testified that on September 29, 1976, at approximately 2 a.m., he and his partner were conducting a routine scout car patrol in the area of John R. and Erskine in the City of Detroit. He observed a green Maverick, in which defendant was a passenger, double-parked on Erskine. The occupant of the Maverick appeared to be [449]*449talking to two black males in a blue Thunderbird. The officer turned his patrol car around to investigate. Upon seeing the patrol car, apparently the driver of the Maverick made a U-turn on Erskine and sped away. The officer pursued the Maverick at a speed of 45-50 miles-per-hour in a 25 mile-per-hour zone, finally pulling the car over. The driver of the car was unable to produce a driver’s license or car registration, whereupon she was arrested for driving without a license.

Defendant was seated in the right rear passenger’s seat. As the driver exited the vehicle, the officer observed defendant take a dark-colored object from the right waistband of his pants. Defendant placed the object in a hole, approximately four inches in diameter, where a radio speaker had once been installed. The officer then ordered defendant and a front seat passenger out of the car. He then proceeded to conduct a search of the car, limited to the area of the rear seat where he had observed defendant drop the object. The only object found in the hole was a .32-caliber blue steel automatic, which defendant did not have a permit to carry. The pistol and a live round of ammunition were taken as evidence.

The trial court order suppressing the pistol will be affirmed by this Court unless we find the trial court to be clearly erroneous in granting defendant’s motion. People v Terrell, 77 Mich App 676, 679; 259 NW2d 187 (1977). We hold that the trial court ruling was clearly erroneous. Under the circumstances the only sensible thing for a police officer was to determine if the object dropped in the well hole was a weapon that could be used against him or illegal contraband. A furtive gesture in removing from the waistband and secreting a dark colored object, in a high crime area, in the [450]*450early hours of the morning, after a lawful stop, should not result in suppression of a loaded pistol.

Furthermore, the defendant and his companions rapidly departed from the scene where they were first observed by the police, apparently upon seeing the police turn around and come in their direction. Cf. People v Nelson Pitts, 40 Mich App 567, 576; 199 NW2d 271 (1972), lv den, 388 Mich 791 (1972), People v Evans, 3 Mich App 1; 141 NW2d 668 (1966). This apparently evasive action, coupled with the furtive actions of defendant, is sufficient evidence to justify the limited protective search. Certainly, the facts and circumstances involved more than a mere furtive gesture on the part of defendant. See generally People v Terrell, supra, People v Hall, 40 Mich App 329, 337; 198 NW2d 762 (1972), Pennsylvania v Mimms, 434 US 106; 98 S Ct 330; 54 L Ed 2d 331 (1977).

The order to suppress the evidence is reversed and the proceedings against the defendant are reinstated.

Reversed.

Beasley, P. J., concurred.

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265 N.W.2d 365, 81 Mich. App. 446, 1978 Mich. App. LEXIS 2148, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-robertson-michctapp-1978.

Opinions

M. J. Kelly, J.

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