Michigan v. Long
Encyclopedia
Michigan v. Long, 463 U.S. 1032
(1983), was a decision by the United States Supreme Court
that extended Terry v. Ohio
, 392 U.S. 1
(1968) to allow searches of car compartments during a stop with reasonable suspicion. The case also clarified and narrowed the extent of adequate and independent state ground
, allowing U.S. Supreme Court review of state supreme court decisions unless they explicitly appealed to state laws.
, Michigan
. Officers said he acted erratically and that he, "appeared to be under the influence of something." Noticing a hunting knife on the floor of the car, they conducted a "Terry" protective patdown (named after Terry v. Ohio), but they turned up no weapons. They then conducted a "protective search" of the car with the same justification: searching for weapons. Inside the car, police found an exposed bag of marijuana
. In the trunk they found approximately 75 pounds more, and Long was arrested for drug possession
.
However, the Michigan Supreme Court reversed these rulings. Relying largely on federal precedent, especially Terry v. Ohio, the Supreme Court ruled that the "protective search" violated the Fourth Amendment
, and thus the "poisonous fruit" of the illegal search must be discarded.
Additionally, the Michigan Supreme Court grounded its decision on article 1, section 11 of the Michigan Constitution. It argued that the search violated both federal and state constitutions, suggesting that if the federal ruling was overturned the presumably more rigorous ruling from the Michigan Constitution would survive. Precedent from Murdock v. City of Memphis
, 87 U.S. 590 (1874) and other cases established that the U.S. Supreme Court could not review state cases if there was adequate and independent state ground
. That is, state supreme courts are the last word on interpreting state constitutions and laws.
, affirmed the doctrine of independent state ground, but wrote that the Michigan Supreme Court adjudicated almost exclusively from federal law. Thus, the Court "accept[ed] as the most reasonable explanation that the state court decided the case the way it did because it believed that Federal law required it so." Essentially, the Supreme Court presumed the state decision rested on federal grounds. O'Connor suggests that state courts write "clearly and expressly" that their decision rests on bona fide state grounds. Should they do this, the U.S. Supreme Court would "not undertake to review the decision."
One solution is that state courts may rule their own constitution "in parallel" with the U.S. Constitution
. That is, they take Federal case law, especially if it's to their liking, as "advisory", although they make clear that Federal law is not considered by the court precedent. In this way, state courts can protect individual rights at a very high level as the late Justice Brennan suggested.
Although this opinion helped clarify what had theretofore been ambiguous, some critics charged that Michigan v. Long was politically motivated. Justice Stevens
, for example, enumerated the ways the U.S. Supreme Court had previously handled such ambiguities. Predominantly, the Court sent cases back down for clarification, but in Long they ruled directly against it without awaiting clarification. Presumably, the more conservative Burger court sought to reverse the liberal Michigan decision.
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1983), was a decision by the United States Supreme Court
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
that extended Terry v. Ohio
Terry v. Ohio
Terry v. Ohio, 392 U.S. 1 , was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him without probable cause to arrest, if the police...
, 392 U.S. 1
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1968) to allow searches of car compartments during a stop with reasonable suspicion. The case also clarified and narrowed the extent of adequate and independent state ground
Adequate and independent state ground
The adequate and independent state ground doctrine is a doctrine of United States law governing the power of the U.S. Supreme Court to review judgments entered by state courts.- Introduction :...
, allowing U.S. Supreme Court review of state supreme court decisions unless they explicitly appealed to state laws.
Background
David Long was questioned by police after driving his car off a road and into a shallow ditch in Barry CountyBarry County, Michigan
-Highways:* M-37* M-43* M-50* M-66* M-78* M-79* M-89* M-179-Demographics:As of the 2000 census, there were 56,755 people, 21,035 households, and 15,986 families residing in the county. The population density was 102 people per square mile . There were 23,876 housing units at an average density of...
, Michigan
Michigan
Michigan is a U.S. state located in the Great Lakes Region of the United States of America. The name Michigan is the French form of the Ojibwa word mishigamaa, meaning "large water" or "large lake"....
. Officers said he acted erratically and that he, "appeared to be under the influence of something." Noticing a hunting knife on the floor of the car, they conducted a "Terry" protective patdown (named after Terry v. Ohio), but they turned up no weapons. They then conducted a "protective search" of the car with the same justification: searching for weapons. Inside the car, police found an exposed bag of marijuana
Cannabis
Cannabis is a genus of flowering plants that includes three putative species, Cannabis sativa, Cannabis indica, and Cannabis ruderalis. These three taxa are indigenous to Central Asia, and South Asia. Cannabis has long been used for fibre , for seed and seed oils, for medicinal purposes, and as a...
. In the trunk they found approximately 75 pounds more, and Long was arrested for drug possession
Drug possession
Drug possession is the crime of having one or more illegal drugs in one's possession, either for personal use, distribution, sale or otherwise. Illegal drugs fall into different categories and sentences vary depending on the amount, type of drug, circumstances, and jurisdiction.A person has...
.
The case
Long argued during his trial that the evidence found in his car should be suppressed because the search was unconstitutional. The same argument was advanced during his appeal to the Michigan Court of Appeals. In each case, the court ruled against suppressing the evidence.However, the Michigan Supreme Court reversed these rulings. Relying largely on federal precedent, especially Terry v. Ohio, the Supreme Court ruled that the "protective search" violated the Fourth Amendment
Fourth Amendment to the United States Constitution
The Fourth Amendment to the United States Constitution is the part of the Bill of Rights which guards against unreasonable searches and seizures, along with requiring any warrant to be judicially sanctioned and supported by probable cause...
, and thus the "poisonous fruit" of the illegal search must be discarded.
Additionally, the Michigan Supreme Court grounded its decision on article 1, section 11 of the Michigan Constitution. It argued that the search violated both federal and state constitutions, suggesting that if the federal ruling was overturned the presumably more rigorous ruling from the Michigan Constitution would survive. Precedent from Murdock v. City of Memphis
Murdock v. City of Memphis
Murdock v. Memphis, 87 U.S. 590 , is a case decided by the United States Supreme Court.William Tod Otto argued the case on behalf of the City of Memphis...
, 87 U.S. 590 (1874) and other cases established that the U.S. Supreme Court could not review state cases if there was adequate and independent state ground
Adequate and independent state ground
The adequate and independent state ground doctrine is a doctrine of United States law governing the power of the U.S. Supreme Court to review judgments entered by state courts.- Introduction :...
. That is, state supreme courts are the last word on interpreting state constitutions and laws.
The decision
The Court not only ruled that Michigan misapplied Terry v. Ohio and the Fourth Amendment but also ruled that Long had insufficient adequate and independent state ground. O'Connor, a former judge on the Arizona Court of AppealsArizona Court of Appeals
The Arizona Court of Appeals is the intermediate appellate court for the State of Arizona. It is divided into two divisions, with a total of twenty-two judges on the court: sixteen in Division One, based in Phoenix, and six in Division Two, based in Tucson....
, affirmed the doctrine of independent state ground, but wrote that the Michigan Supreme Court adjudicated almost exclusively from federal law. Thus, the Court "accept[ed] as the most reasonable explanation that the state court decided the case the way it did because it believed that Federal law required it so." Essentially, the Supreme Court presumed the state decision rested on federal grounds. O'Connor suggests that state courts write "clearly and expressly" that their decision rests on bona fide state grounds. Should they do this, the U.S. Supreme Court would "not undertake to review the decision."
One solution is that state courts may rule their own constitution "in parallel" with the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. That is, they take Federal case law, especially if it's to their liking, as "advisory", although they make clear that Federal law is not considered by the court precedent. In this way, state courts can protect individual rights at a very high level as the late Justice Brennan suggested.
Although this opinion helped clarify what had theretofore been ambiguous, some critics charged that Michigan v. Long was politically motivated. Justice Stevens
John Paul Stevens
John Paul Stevens served as an Associate Justice of the Supreme Court of the United States from December 19, 1975 until his retirement on June 29, 2010. At the time of his retirement, he was the oldest member of the Court and the third-longest serving justice in the Court's history...
, for example, enumerated the ways the U.S. Supreme Court had previously handled such ambiguities. Predominantly, the Court sent cases back down for clarification, but in Long they ruled directly against it without awaiting clarification. Presumably, the more conservative Burger court sought to reverse the liberal Michigan decision.
See also
- List of United States Supreme Court cases, volume 463
- Terry v. OhioTerry v. OhioTerry v. Ohio, 392 U.S. 1 , was a decision by the United States Supreme Court which held that the Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him without probable cause to arrest, if the police...
, 392 U.S. 1 (1968)