People v. Toohey

475 N.W.2d 16, 438 Mich. 265
CourtMichigan Supreme Court
DecidedAugust 27, 1991
DocketDocket 88974; Calendar 1
StatusPublished
Cited by64 cases

This text of 475 N.W.2d 16 (People v. Toohey) 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. Toohey, 475 N.W.2d 16, 438 Mich. 265 (Mich. 1991).

Opinions

Brickley, J.

We are asked to determine whether evidence seized by the police after impounding the defendant’s car and conducting an inventory search should be suppressed as fruits of an unconstitutional search and seizure. We hold that the impoundment and inventory search were constitutionally valid because the police acted in accordance with established departmental procedures.

i

FACTUAL BACKGROUND

After completing a round of golf, defendant and John Albert joined some other golf league participants at the clubhouse for drinks and food. About 11:30 p.m., defendant and Albert left the clubhouse [268]*268in separate vehicles and traveled to Fraser’s Pub where they each consumed two mixed drinks. They left the pub at approximately 12:30 a.m. on July 7, 1987, in defendant’s car, a bmw, with defendant at the wheel.

They were observed by two Ann Arbor police officers who testified that the defendant crossed the yellow line of the street and drove in an erratic manner, leading them to conclude that the defendant was operating his vehicle while intoxicated. Defendant failed a sobriety test, registering 0.10 percent on a Breathalyzer, and was arrested for ouil. The passenger, John Albert, remained in the defendant’s automobile during these events.

A tow truck was requested in order to have the vehicle transported to the impound lot because it appeared that the passenger was intoxicated to the extent that he could not be trusted with the vehicle. Defendant asked if his wife could be contacted by John Albert in order to take custody of the automobile; however, a police officer denied this request because he mistakenly believed that police policy required the vehicle be impounded when it was left unattended after an arrest.1

Before it was towed away, an inventory search of the automobile was conducted, pursuant to departmental policy applicable to impoundment of vehicles. A plastic baggie containing a white powdery substance, later determined to be cocaine, was discovered under the driver’s seat during this search. The officer then searched the trunk of the [269]*269vehicle where defendant’s golf clubs were located and discovered a brown paper bag, within one of the compartments of the golf bag, that contained another plastic baggie in which a "large quantity” of a white powdery substance, later determined to be cocaine, was found.

Defendant asserted the cocaine should be suppressed as unconstitutionally acquired evidence. The trial judge stated that this Court’s decision in People v Krezen, 427 Mich 681; 397 NW2d 803 (1986), required a determination "whether the im-poundment was arbitrary or unreasonable, taking into account all of the surrounding circumstances.” The court then found that the police had acted reasonably in this particular situation. The defendant was found guilty following a bench trial.

The Court of Appeals reversed the conviction and ordered that the charges be dismissed because the cocaine was discovered pursuant to an unconstitutional seizure. It determined that the prosecutor had failed to establish that the impoundment of defendant’s automobile was reasonable, in light of South Dakota v Opperman, 428 US 364; 96 S Ct 3092; 49 L Ed 2d 1000 (1976), and Krezen, supra. The Court of Appeals stated:

Because the only reason given for the impoundment in this case was the existence of the local ordinance, and because there were no other facts presented that would otherwise justify the im-poundment of the vehicle as being reasonable under the circumstances, we find that the police did not sustain their burden in establishing the reasonableness of the seizure. Further, we believe that, by relying upon the possibility of theft or vandalism as its basis for finding the impoundment to be proper, the trial court clearly erred when this concern was neither expressed at the hearing nor supported by the record. [183 Mich App 348, 358; 454 NW2d 209 (1990).]

[270]*270The Court of Appeals appeared to require more than an adherence to an existing departmental regulation to justify impoundment of a vehicle. Police officers that impound a vehicle would be required, under this rationale, to state, case by case, that the potential for civil liability was a factor in deciding whether to impound a vehicle after the operator had been placed under arrest. This appears to be a rather narrow application of the United States Supreme Court and Michigan Supreme Court cases interpreting the reasonableness of impounding and searching automobiles under such circumstances. This Court granted leave to appeal. 436 Mich 880 (1990).

ii

The constitutionality of any search and seizure conducted by the police depends on an analysis of the Fourth Amendment of the United States Constitution2 and art 1, § 11 of the Michigan Constitution of 1963.3 Each requires searches and seizures to be conducted reasonably, and in most cases that requires issuance of a warrant supported by probable cause, in order for the results to bé admissible. Mapp v Ohio, 367 US 643; 81 S Ct 1684; 6 L Ed 2d 1081 (1961).

[271]*271Any narcotic drug which is seized outside the curtilage of any dwelling house, in violation of art 1, § 11 of the Michigan Constitution, is still admissible pursuant to the language of that provision.

The provisions of this section shall not be construed to bar from evidence in any criminal proceeding any narcotic drug . . . seized by a peace officer outside the curtilage of any dwelling house in this state. [Const 1963, art 1, § 11.]

Therefore any defendant from whom there is a seizure of narcotic drugs is provided no greater constitutional protection under art 1, § 11 than that provided by the Fourth Amendment, and the exclusionary rule derived from that amendment, as applied to the states through the Due Process Clause of the Fourteenth Amendment. See Mapp, supra; People v Nash, 418 Mich 196; 341 NW2d 439 (1983).

The United States Supreme Court has created a number of exceptions to the need for the police to obtain a warrant to satisfy the mandates of the Fourth Amendment. These exceptions were created for situations in which the Court determined that the warrant requirement was not intended to apply.4 The performance of an inventory search by the police in accordance with departmental regulations is such an established exception to the warrant requirement.5 Such a search is considered to [272]*272be an administrative function performed by the police, rather than part of a criminal investigation which the Fourth Amendment was intended to circumscribe.

When police officers are entitled to conduct a search and seizure without a warrant, the appropriate standard for determining the constitutionality of the police conduct is whether the search was reasonable. See Cady v Dombrowski, 413 US 433, 448; 93 S Ct 2523; 37 L Ed 2d 706 (1973).

Evaluation of the reasonableness of such a search and seizure "depends upon the facts and circumstances of each case . . . .” Cooper v California, 386 US 58, 59; 87 S Ct 788; 17 L Ed 2d 730 (1967). The question before us then is whether such conduct by the police was reasonable under the facts and circumstances of this case.

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Cite This Page — Counsel Stack

Bluebook (online)
475 N.W.2d 16, 438 Mich. 265, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-toohey-mich-1991.