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Michigan v. Marcus Martell McCloud and Bruce Cliffin Edwards

Paid petition · Court of Appeals of Michigan, No. 352158, 352280 · judgment April 22, 2021


Certiorari denied · October 31, 2022
Pre-decision estimate: 2% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

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)?

Counsel of record

For petitioner
Timothy A. Baughman
Wayne County Prosecutor;s Office

For respondent
Ronald Dino Ambrose
Attorney-at-Law

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 31 2022
    Petition DENIED.
  2. Oct 12 2022
    DISTRIBUTED for Conference of 10/28/2022.
  3. Oct 08 2022
    Waiver of right of respondent Marcus Martell McCloud to respond filed.
  4. Sep 27 2022
    Petition for a writ of certiorari filed. (Response due October 31, 2022)