Cole v. Ladbroke Racing Michigan Book Reviews

Cole v. Ladbroke Racing Michigan by Michigan Court of Appeals Book Summary

On January 28, 1997, appellant Patrick John Shane, a passenger in a motor vehicle stopped by Worthington police officers, was arrested for being in physical control of the vehicle in violation of Minn. Stat. § 169.121, subd. 1(a) (1996). Shanes drivers license was revoked pursuant to Minn. Stat. § 169.123, subd. 4(c) (1996), by the Commissioner of Public Safety. Shane sought judicial review of his license revocation. In doing so, he asserted, among other things, that the officers who arrested him lacked probable cause to believe that he was in physical control of the vehicle. After a hearing on Shanes license revocation, the district court issued findings of fact, Conclusions of law, and an order sustaining the revocation. On appeal, the court of appeals concluded that there was probable cause to believe that Shane was in control of the motor vehicle and affirmed the district court. Based on the unique facts presented by this case, we conclude that the law enforcement officers who arrested Shane did not have probable cause to believe that he was in physical control of the motor vehicle. Therefore, we reverse.

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