PEOPLE OF MI V RYAN THOMAS OMEARA
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STATE OF MICHIGAN
COURT OF APPEALS
PEOPLE OF THE STATE OF MICHIGAN,
UNPUBLISHED
January 29, 2002
Plaintiff-Appellee,
v
No. 226945
Presque Isle Circuit Court
LC No. 99-091769-FH
RYAN THOMAS O’MEARA,
Defendant-Appellant.
Before: Sawyer, P.J., and O’Connell and Zahra, JJ.
MEMORANDUM.
Defendant appeals as of right his jury conviction for possession of marijuana, MCL
333.7403(d), and minor in possession of alcohol, MCL 257.624b(1). We affirm.
On appeal, defendant challenges the validity of a traffic stop based on a cracked
windshield. To make a valid traffic stop, a police officer must have a reasonable and articulable
suspicion that a vehicle is subject to seizure for a violation of the law. People v Williams, 236
Mich App 610, 612; 601 NW2d 138 (1999). On reasonable grounds shown, an officer may stop
and inspect a motor vehicle for an equipment violation. Id.; MCL 257.683(2). If a defect in any
equipment is found in violation of the code, the officer may issue the driver a citation for a civil
infraction. People v Pitts, 222 Mich App 260, 267; 564 NW2d 93 (1997).
The dispositive question in determining the legality of a stop is not whether an actual
violation of the vehicle code had occurred, but whether the officer had a reasonable suspicion
that a violation may have occurred. People v Fisher, 463 Mich 881; 617 NW2d 37 (2000). A
stop must be reviewed on the totality of the circumstances as understood and interpreted by the
police officer, and not legal scholars. People v Yeoman, 218 Mich App 406; 554 NW2d 577
(1996). This Court and the Supreme Court have upheld without comment searches that were
initiated by a stop for a cracked windshield. People v Chapman, 425 Mich 245; 387 NW2d 835
(1986); People v Muro, 197 Mich App 745; 496 NW2d 451 (1993). The trial court did not err in
finding that the officer made a valid stop.
Affirmed.
/s/ David H. Sawyer
/s/ Peter D. O’Connell
/s/ Brian K. Zahra
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