People v. Cartwright

In People v. Cartwright, 454 Mich. 550, 559; 563 N.W.2d 208 (1997), the Michigan Supreme Court, reversing the judgment of this Court, found that the evidence seized in the search should not have been suppressed because the police entry and protective search of the defendant's mobile home was not unreasonable and, thus, did not violate the Fourth Amendment. There, the police, flying over the defendant's property, saw marijuana plants near a mobile home and shed. Id. at 551-552. The police also observed the defendant enter the pertinent residence and later leave with several children. Id. at 552. Thereafter, a police officer entered the residence for less than one minute to make certain that no one was on the premises, and while in the residence he observed marijuana and firearms, but did not confiscate anything. Id. at 552-553. Subsequently, the police obtained a search warrant and confiscated numerous marijuana plants and firearms. Id. at 553. The Court, citing People v. Olajos, 397 Mich. 629, 634; 246 N.W.2d 828 (1976), noted "the validity of an entry for a protective search without a warrant depends on the reasonableness of the response, as perceived by police." Cartwright, 454 Mich. at 559. The Court then found that "the governmental interest in ensuring that the investigating officers were not at risk outweighed the minimal intrusion that occurred." Id. at 561. The Court also noted that the brief entry into the residence did not constitute a full search, "but rather a cursory inspection of areas where a person presenting a danger to officers might be found," and that the search "lastedno longer than necessary 'to dispel the reasonable suspicion of danger.'" Id. at 562.