State of Michigan v JEFFREY SCOTT WARD
SC: 144888
Michigan Supreme Court
491 Mich 932; 814 NW2d 292
June 6, 2012, Decided
Prior case history: COA: 303477. Ionia Circuit Court Case No.: 2011-028230-Av People v Ward (Mich Ct App, Feb. 13, 2012)
Before: Robert P. Young, Jr., Chief Justice. Michael F. Cavanagh, Marilyn Kelly, Stephen J. Markman, Diane M. Hathaway, Mary Beth Kelly, Brian K. Zahra, Justices.
OPINION
Order
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; 691 NW2d 759 (2005); People v Shankle, 227 Mich App 690; 577 NW2d 471 (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.