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