Search & seizure; Motion to suppress; Carrying a concealed weapon in public without a concealed pistol license (CPL); MCL 750.227(2); Constitutionality of MCL 28.425f (requiring a licensed person to carry his or her CPL when carrying a concealed weapon & to show the CPL & identification upon a police officer’s request); The Fourth Amendment; Northrup v Toledo Police Dep’t (6th Cir); United States v Galaviz (6th Cir); United States v Culver (Unpub ED MI); United States v Williams (Unpub 6th Cir); United States v Bridges (Unpub ED MI); United States v Graham (ED MI)

The court concluded that, as stated in various federal court opinions applying Michigan law, an officer suspecting “that a person is carrying a concealed weapon may approach the suspect and ask for proof of a CPL.” It further held “that under Michigan law a police officer has reasonable suspicion to approach a person and ask for proof of a CPL after observing a bulge in a person’s clothing indicative of a hidden firearm.” Thus, it reversed the trial court’s orders granting defendant’s motion to suppress and dismissing the charges against him, and remanded. The charges were all weapons charges. The court noted that the “plain language of MCL 28.425f requires a CPL holder who is in possession of a concealed firearm to also have in their possession their CPL and either their state issued driver’s license or identification and to provide both to law enforcement officers upon request.” It then considered whether the statute violates the Fourth Amendment. Defendant relied heavily on Northrup, a Sixth Circuit decision arising from an Ohio case. The prosecution relied on “other cases, some unpublished, distinguishing Northrup under Michigan law.” The court found the reasoning of those cases (Galaviz, Culver, Williams, Bridges, and Graham) instructive and determined that “Michigan law does not comport with Northrup which is substantively distinguishable from the case at bar.” It noted that the “plain language of MCL 28.425f permits a police officer to ask any person observed to be carrying a concealed weapon to produce his or her CPL, at any time and for any reason. MCL 750.227 also makes possession of a concealed weapon a presumptive crime, which can be rebutted by a suspect with evidence of a CPL.”