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PEOPLE v. DAVIS
442 Mich. 1 (1993)
497 N.W.2d 910
Docket No. 92172, (Calendar No. 3).
Supreme Court of Michigan.
Argued October 13, 1992.
Decided March 2, 1993.
Frank J. Kelley, Attorney General, Thomas L. Casey, Solicitor General, John D. O'Hair, Prosecuting Attorney, and Timothy A. Baughman, Chief, Research, Training and Appeals, for the people.
Bellanca, Beattie & De Lisle, P.C. (by Frank D. Eaman), for the defendant.
BRICKLEY, J. We have been asked to determine
whether the Court of Appeals erroneously reversed a trial court suppression of evidence seized in a search without a warrant of a motel room following a telephone report of gunfire at that location. We respond in the affirmative and accordingly reverse the Court of Appeals and reinstate the trial court's decision. I FACTUAL BACKGROUND The following facts were elicited during an evidentiary hearing in Detroit Recorder's Court on November 2, 1989. On August 4, 1989, Detroit Police Officers Lynn Brown and Royce Hill were on uniformed patrol in Scout Car 7-5. At 5:35 P.M., the two officers heard a radio dispatch directing Scout Car 7-7 to go to the Belmar Motel, at 3250 East Jefferson in downtown Detroit. The exact words of the broadcast were "7-7, 3250 East Jefferson, Belmar Motel, Room 33 or 34, ah, desk clerk says shots fired." Although this dispatch did not direct them to go to the scene, Officers Brown and Hill did so because they were nearby. When the officers arrived at the Belmar, they parked their car in front of the motel, adjacent to the office. They observed no unusual activity in or around the motel. They did not speak to the desk clerk or the manager, but instead went directly to the rooms. The officers approached room 33 first, testifying that they did so because it was the first one they came to. As they approached the door to room 33, Officer Brown had drawn his service revolver, and Officer Hill was carrying a shotgun in one hand and a flashlight in the other. The officers knocked on the door, announcing either "police," or "police, open up." In response to this knocking, defendant Davis
peeked out from between the curtains and looked at the officers, who were standing there with guns drawn. She left the window and the curtains fell back into place. The officers continued to knock and announce their presence, but defendant did not respond. As time passed, the police became more suspicious that defendant was trying to hide something, and continued their attempts to get a response.
1. The tape and transcript also included the actual police dispatch and Scout Car 7-5's response. Although the dispatcher correctly identified the site as the Belmar Motel, rather than the Belmont, either Officer Hill or Officer Brown responded that they were on their way to the "Belmont" Hotel, misstating the name exactly as the original caller did. At oral argument, Davis' counsel argued that this raised a possibility that Officers Hill and Brown themselves were somehow involved with the call. However, the 911 call and police response are the only circumstances even suggesting police involvement in "setting up" Davis. The defense introduced no other evidence and the trial judge made no finding that any such thing may have occurred. 2. The people acknowledge that there is no probable cause here, but argue that the community caretaker doctrine requires something less than probable cause. 3. The Court of Appeals erroneously stated that the police were outside the motel room when they observed the gun. The people have conceded that the police entered the room before they saw the gun or narcotics and paraphernalia. 4. Even though we resolve this case on the basis of the emergency aid doctrine, the Court of Appeals assertion that the community caretaker function is a subcategory of the exigent circumstances doctrine requires a more general clarification of the exceptions to the warrant requirement. 5. The Fourth Amendment provides:
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. In view of our conclusion that the Fourth Amendment was violated, it is unnecessary for us to discuss the parallel provision of the Michigan Constitution. 6. It is important to note that Ohlinger was decided after the Court of Appeals made its decision in this case, so it did not have the benefit of our analysis in this area. 9. In Duck v State,518 So.2d 857 (Ala Crim App, 1987), the defendant filed a missing vehicle complaint, then later withdrew it. Two police officers came to his trailer home to have him sign a form withdrawing his original complaint. When they entered his home, they saw marijuana in plain view. The Alabama Court of Criminal Appeals held that this "search" was legal, stating that the officers had a right to be where they were when they saw the marijuana because they were carrying out a routine community caretaking function. Id., p 860. 10. State v Bies,76 Wis.2d 457, 470-471; 251 N.W.2d 461 (1977). In this case, the Wisconsin Supreme Court held that when a police officer, in response to a noise complaint, entered the defendant's yard, looked into his open garage, and discovered evidence of a crime, the search was legal. The court held that investigating such a complaint was "probably" a part of the community caretaking function. Id., p 471. When acting pursuant to this function, the court stated, the conduct of the police should be evaluated pursuant to a reasonableness standard. Id., p 468. 12. In formulating this test, we draw upon the Wisconsin test discussed above. However, because it is not necessary to do so in order to resolve this case, we will not determine today whether we will adopt the subjective element of the test the Wisconsin court articulated. However, we do note that it is important to place strict limits on the application of this emergency aid exception. A finding that police are entering to administer aid and not to search for evidence is implicit in a finding that their entries fall under this exception. In the words of Professor LaFave:
Any conduct within [a dwelling] by the officer which is in any way inconsistent with the purported reason for the entry is a just cause for healthy skepticism by the courts.... [I]t is essential that courts be alert to the possibility of subterfuge, that is, a false claim of such a purpose where the true intent is to seek evidence of criminal conduct. [2 LaFave, supra, p 706.] 13. The requirement that, after entry, the police not do more than is necessary to determine whether a person is in need of aid is not at issue here because the officers in this case immediately saw evidence in plain view upon entering the room.
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