Michigan v. Marcus Martell McCloud and Bruce Cliffin Edwards
DueProcess CriminalProcedure
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 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)?