CMDA Attorneys Obtain Significant Victory in Federal Appellate Court
CMDA Attorneys Obtain Significant Victory in Federal Appellate Court
Timothy S. Ferrand, a partner in our Sterling Heights office, and Karen M. Daley, head of CMDA’s appellate division, recently obtained a Judgment from the United States Court of Appeals for the Sixth Circuit (Sixth Circuit) that affirmed the lower court’s dismissal (won by Mr. Ferrand in 2011) of Fourth Amendment police stop, arrest and detention claims brought against several police officers of a Michigan municipality.
The case arose out of the stop, detention and transportation of the plaintiff by police for psychiatric evaluation. Police officers stopped the plaintiff for a traffic violation. Inside the vehicle they noticed a sleeping infant under a pile of personal belongings. The Plaintiff indicated that he was headed with his infant son to Ohio and that he did not know where the child’s mother (his wife) was. The plaintiff’s wife was contacted and she reported a domestic disturbance and custody dispute had occurred earlier that day. After the plaintiff was transported to the police department, his wife advised officers that he had become violent towards her and threatened suicide earlier that day. He was transported for psychiatric evaluation.
In its ruling, the Sixth Circuit held that “reasonable suspicion” existed for the motor vehicle stop. The Court noted that all factors must be considered when determining whether or not “reasonable suspicion” was present. In this case, the plaintiff’s route of travel, the time of night, the location of his vehicle in a high crime area and the fact that the vehicle was packed to the ceiling with personal items must be considered together. The Court held that all of these factors, when taken together, constituted “reasonable suspicion” to justify the motor vehicle stop.
Second, the Court held that the length of detention was not unreasonable in light of the circumstances presented. The Court held that the circumstances of the traffic stop, the presence of the child in the vehicle, the plaintiff’s out of state destination and not knowing his wife’s location made it reasonable for officers to suspect the plaintiff was attempting to conceal a child from his wife, a possible violation of Michigan’s parental kidnaping statute. These concerns justified the officers in extending the seizure beyond the limited scope of the brief stop.
Next, the Court discussed how an investigatory detention may ripen into a seizure, at which point officers must possess “probable cause”. Here, the Court concluded the plaintiff was, in fact, arrested. However, the Court found there was “probable cause” to make the arrest. Probable cause was based on the plaintiff’s violation of Michigan law in the officer’s presence as plaintiff (by his own admission) was not in possession of a valid Michigan driver’s license at the time of his traffic stop. The Court alluded to the fact that there was a possible alternative basis for probable cause based on the information regarding the domestic violence incident between the plaintiff and his wife. However, the Court found it unnecessary to analyze that issue because of the existence of probable cause based on the driver’s license violation.
The final aspect of this case involved the transportation of the plaintiff to the hospital for a psychiatric evaluation. The Fourth Amendment requires an officer seizing and obtaining a person for psychiatric evaluation to have probable cause to believe the person is a danger to himself or others. Here, the Court found probable cause existed. During his detention by police, the plaintiff made a series of disturbing comments. The plaintiff’s wife informed officers that he had been violent earlier that evening, had destroyed property, held a knife to his neck and threatened his own life. The plaintiff’s wife warned police that he had told her he wanted her family to “die”and to “suffer”. Based on this information, the Court found probable cause existed to transport the plaintiff for a psychiatric intervention.
CMDA Law
Recent Posts
- Richards’ Article on the Benefits and Challenges of the Ladybird Deed Featured in Urban Aging News
- Jim Acho Guests on “SportsWise” with NFL Network’s Gabe Feldman to Break Down NCAA Lawsuit
- Important Reminder: Under the CTA, a BOIR is Required to be Filed by January 1, 2025
- Jim Acho Guest At Premier For New Detroit Lions Book
- Ryan Miller and Daniel Ferris Successfully Defended $47 Million Admitted Liability Case
Recent Comments
Archives
- November 2024
- October 2024
- September 2024
- August 2024
- July 2024
- June 2024
- May 2024
- April 2024
- March 2024
- February 2024
- January 2024
- December 2023
- November 2023
- October 2023
- September 2023
- August 2023
- July 2023
- June 2023
- April 2023
- March 2023
- February 2023
- January 2023
- December 2022
- November 2022
- October 2022
- September 2022
- August 2022
- July 2022
- June 2022
- May 2022
- April 2022
- March 2022
- February 2022
- January 2022
- November 2021
- October 2021
- August 2021
- July 2021
- June 2021
- May 2021
- April 2021
- March 2021
- February 2021
- January 2021
- November 2020
- October 2020
- September 2020
- August 2020
- July 2020
- June 2020
- May 2020
- April 2020
- March 2020
- February 2020
- January 2020
- December 2019
- November 2019
- October 2019
- September 2019
- August 2019
- July 2019
- June 2019
- May 2019
- April 2019
- March 2019
- February 2019
- January 2019
- December 2018
- November 2018
- October 2018
- September 2018
- August 2018
- July 2018
- April 2018
- March 2018
- February 2018
- January 2018
- December 2017
- November 2017
- October 2017
- September 2017
- July 2017
- June 2017
- May 2017
- April 2017
- March 2017
- February 2017
- January 2017
- December 2016
- November 2016
- October 2016
- September 2016
- August 2016
- July 2016
- June 2016
- May 2016
- April 2016
- March 2016
- February 2016
- January 2016
- December 2015
- November 2015
- October 2015
- September 2015
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- August 2013
- July 2013
- June 2013
- May 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- July 2012
- June 2012
- May 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- June 2011
- March 2011
- February 2011
- October 2010
- August 2010
- January 2010
- January 2009
- September 2008
- June 2008
- May 2008
Categories
- 50th Anniversary
- Allan C. Vander Laan
- Appeals and Litigation
- Appeals and Litigation Articles
- Barbara M. Moore
- Business Law
- Business Law Articles
- Carol A. Smith
- Christopher G. Schultz
- Community Association & Real Estate Law Practice Group
- Community Association and Real Estate Law Articles
- Community Association Law
- Daniel W. Ferris
- Douglas Curlew
- Education Law
- Education Law Articles
- Employment and Labor Law
- Employment and Labor Law Articles
- Estate Planning and Elder Law
- Estate Planning and Elder Law Articles
- Firm News
- Gary D. Klein
- Gerald C. Davis
- Gregory A. Roberts
- Gregory R. Grant
- Haider A. Kazim
- Insurance Defense
- Insurance Defense Articles
- Isa M. Kasoga
- Jacklyn P. Paletta
- James R. Acho
- James W. Taylor II
- Jeffrey R. Clark
- Joel Ashton
- John "Jay" Gillen
- John D Gwyn
- John M. McFarland
- Joshua J. Cervantes
- Kenneth M. Gonko
- Kevin J. Campbell
- Kimberly M. Coschino
- Kristen L. Rewa
- Latest News
- Law Enforcement Defense and Litigation Articles
- Law Enforcement Litigation and Defense
- Linda Davis Friedland
- Litigation
- Margaret A. Lourdes
- Matthew C. Wayne
- Matthew W. Cross
- Michael O. Cummings
- Michelle L. Richards
- Municipal Law
- Municipal Law Articles
- News & Events for Business Law
- News & Events for Municipal Law
- News Archive
- Norman E. Richards
- Owen J. Cummings
- Patrick R. Sturdy
- Plaintiff's Personal Injury
- Plaintiff’s Personal Injury Articles
- Presentations & Articles
- Published Articles
- Ray E. Richards II
- Real Estate Law
- Robert J. Hahn
- Robert L. Blamer
- Ronald G. Acho
- Ryan D. Miller
- Sarah L. Overton
- Shane R. Nolan
- Stanley I. Okoli
- Stephen C. Johnston
- Suzanne P. Bartos
- Timothy S. Ferrand
- Uncategorized
- Utility Law
- Utility Law Articles