Troy Michigan DUI 52-4 District Court - Judge Hartig, Judge Bolle
In a Troy DUI case, everything begins with the stop by the police. If this seizure was in violation of the constitution, the case must be dismissed because all evidence obtained as a result of the unconstitutional stop must be suppressed under the doctrine of fruit of the poisonous tree. The right of citizens to be free of unreasonable searches and seizures is guaranteed by both the U.S. and Michigan constitutions.
The case of People v. Shankle stated where “an officer approaches a person and seeks voluntary cooperation through noncoercive questioning, there has been no restraint on the person’s liberty and the person is not seized.” This means that in a case where the police simply approach a driver without using the “color of law” to effectuate a stop, such as in a parking lot, the constitutional restraints are not in play according to People v. Bloxson.
The case of People v. Shankle stated where “an officer approaches a person and seeks voluntary cooperation through noncoercive questioning, there has been no restraint on the person’s liberty and the person is not seized.” This means that in a case where the police simply approach a driver without using the “color of law” to effectuate a stop, such as in a parking lot, the constitutional restraints are not in play according to People v. Bloxson.