People of the State of Michigan v. Yorel Rendell-Sivad Foster

Summary

The Michigan Supreme Court denied the prosecution’s application for leave to appeal in a case involving suppression of a firearm discovered during a police encounter. Justice Markman dissented, concluding that the initial approach was consensual and that the officer had reasonable suspicion to conduct a Terry stop and frisk; Justice Zahra would have remanded for consideration as on leave granted.

Holdings

1. The Michigan Supreme Court denied the application for leave to appeal because it was not persuaded that the question presented should be reviewed.

Questions Presented

1. Whether the Michigan Supreme Court should review the lower courts' determination that police unlawfully seized defendant and that the firearm should be suppressed.
2. Whether, under the circumstances described by the dissent, the officer's approach and questioning constituted a seizure and whether the subsequent stop and frisk was supported by reasonable suspicion.

Disposition

writ_denied