No. 22-307

Michigan v. Marcus Martell McCloud and Bruce Cliffin Edwards

Lower Court: Michigan
Docketed: 2022-09-29
Status: Denied
Type: Paid
Response Waived
Tags: commonsense-judgments criminal-procedure detention frisk human-behavior law-enforcement officer-experience probable-cause reasonable-suspicion terry-stop weapons-frisk
Key Terms:
DueProcess CriminalProcedure
Latest Conference: 2022-10-28
Question Presented (AI Summary)

Whether the respondents were reasonably detained, and whether a frisk for weapons of a person reasonably detained may be based on commonsense judgments, inferences about human behavior, and the experience of the officer(s)

Question Presented (from Petition)

QUESTION PRESENTED Police preparing to enter a suspected unlicensed after-hours drinking establishment to make an undercover purchase removed the two respondents from just inside the premises who were security for the establishment and tasked with removing any firearms from those entering. For safety reasons, the officers entering to make an undercover purchase could not have their weapons removed from their persons. Respondents were patted down, and firearms found. The question presented is: 1. The determination of reasonable suspicion for a detention may be based on commonsense judgments, inferences about human behavior, and the experience of the officer(s). Were the respondents reasonably detained, and may a frisk for weapons of a person reasonably detained also be based on commonsense judgments, inferences about human behavior, and the experience of the officer(s)?

Docket Entries

2022-10-31
Petition DENIED.
2022-10-12
DISTRIBUTED for Conference of 10/28/2022.
2022-10-08
Waiver of right of respondent Marcus Martell McCloud to respond filed.
2022-09-27

Attorneys

Marcus Martell McCloud
Ronald Dino AmbroseAttorney-at-Law, Respondent
Ronald Dino AmbroseAttorney-at-Law, Respondent
Michigan
Timothy A. BaughmanWayne County Prosecutor;s Office, Petitioner
Timothy A. BaughmanWayne County Prosecutor;s Office, Petitioner