People of Michigan v. Jeffrey Scott Ward

Order Michigan Supreme Court Lansing, Michigan June 6, 2012 Robert P. Young, Jr., Chief Justice Michael F. Cavanagh Marilyn Kelly 144888 Stephen J. Markman Diane M. Hathaway Mary Beth Kelly PEOPLE OF THE STATE OF MICHIGAN, Brian K. Zahra, Plaintiff-Appellant, Justices v SC: 144888 COA: 303477 Ionia CC: 2011-028230-AV JEFFREY SCOTT WARD, Defendant-Appellee. _________________________________________/ On order of the Court, the application for leave to appeal the February 13, 2012 order of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Ionia Circuit Court and we REMAND this case to the 64A District Court for reinstatement of the charge of operating a motor vehicle while intoxicated. MCL 257.625(1)(C). The Fourth Amendment is not implicated when a law enforcement officer merely approaches an individual and directs questions to that person. Florida v Royer, 460 US 491, 497-498 ; 103 S Ct 1319 ; 75 L Ed 2d 229 (1983); People v Jenkins, 472 Mich 26 (2005); People v Shankle, 227 Mich App 690 (1998). Even before the deputy sheriff engaged in conversation with the defendant, evidence that the vehicle had been recently driven, that the strong odor of alcohol emanated from the vehicle when the driver’s side window was lowered, and that the defendant appeared to be intoxicated gave the deputy sufficient basis to detain and ultimately charge the defendant with a criminal offense. I, Corbin R. Davis, Clerk of the Michigan Supreme Court, certify that the foregoing is a true and complete copy of the order entered at the direction of the Court. June 6, 2012 _________________________________________ d0530 Clerk