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No. 125141
| People of the State of Michigan, |
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Mark Kneisel |
Plaintiff-Appellant, |
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vs (Washtenaw - Shelton , D.)
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Shawn Leon Jenkins |
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Timothy R. Niemann |
Defendant-Appellee. |
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Oral Argument on Application for Leave to Appeal
Click to view briefs in Adobe format:
Plaintiff-Appellant's Application for Leave to Appeal>>
Plaintiff-Appellant's Brief Supplementing Application>>
Defendant-Appellee's Response to Application for Leave to Appeal>>
Defendant-Appellee's Supplemental Brief>>
Background
During the evening of August 23, 2001 , the Ann Arbor police received a complaint regarding a party in progress in the common area of a housing complex. The two officers who were dispatched to the scene found a gathering of 15 to 20 people drinking and talking; Shawn Jenkins and another man were seated on stairs leading to one of the housing units. An officer approached Jenkins, and the two engaged in a general conversation about the party. At that point, a woman emerged from the attached housing unit and asked Jenkins who he was and why he was seated on her porch. After hearing this, the officer asked Jenkins if he lived in the housing complex. Jenkins said that he did not, and the officer asked to see his identification. When Jenkins handed over his state identification card, the officer started to place a call to the Law Enforcement Information Network (LEIN). The officer testified that, at this point, Jenkins became nervous and began to walk away. The officer and his partner walked alongside Jenkins, encouraging him to wait for the results of the LEIN inquiry. When Jenkins did not stop, the officer told Jenkins that he was not free to leave. The LEIN inquiry revealed an outstanding warrant for Jenkins' arrest. As the officer was placing Jenkins in handcuffs, a gun fell from Jenkins' waistband to the ground. Jenkins was charged with carrying a concealed weapon, possession of a firearm by a felon, and possession of a firearm during the commission of a felony. He moved to suppress the evidence on Fourth Amendment grounds, and sought dismissal of the charges. The trial court granted Jenkins' motion, and dismissed the case. The Court of Appeals panel affirmed the trial court's ruling, with one judge dissenting from the majority's ruling. The prosecutor appeals.
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