Extra Sheriff Patrol at Work: Coatless Youth Arrested

[XLFD]

The headline crime according to the Mason County Sheriff's news release for the last weekend (as recounted in the Mason County Press) was the following:

       Underdressed-for-the-weather Mason County Sheriff Deputy Mike Fort bringing in another improperly accoutered individual(file photo)

PERE MARQUETTE TOWNSHIP – A 20-year-old Ludington man was arrested by a Mason County sheriff’s deputy after fleeing on foot in single-digit temperatures while wearing a t-shirt Sunday, Jan. 20, shortly before 3 a.m. at Bryant and Sherman roads.
“The deputy observed a man walking in the road wearing only a black t-shirt and pants – it was 2 degrees outside,” said Mason County Sheriff Kim Cole. “When the deputy attempted to make contact, the man fled on foot. Following a short foot chase, the subject was captured. He was found to be underage and had been drinking.”
The suspect was arrested for disorderly person and resisting and obstructing a police officer [End]

Incidents like this, to me, are rather disturbing.  A young man is seen in what a deputy thought was unseasonable clothing.  Yet, pants don't seem out of season, and wasn't this the same sheriff's department that turned a young man out of jail with no shirt on his back last year when the temperatures were in the teens-- due to their long-standing policy.  Apparently if you're not coming from jail, they think it's suspicious to wear a t-shirt in this weather.

 

Frankly, it's not uncommon for a young person to dress inappropriately in sub-freezing weather, whether it's a girl wearing a skirt or a jogger wearing shorts and a t-shirt, keeping themselves warm from leggings, their exertions, or just because they have gotten used to the cold.  I remember college days back at Northern Michigan University, where you saw several people actually wearing t-shirts and shorts in one-digit temperatures, simply because the previous two weeks were subzero and it seemed relatively warm.

So, whereas I could see the deputy stopping to see whether the youth was in distress and may have needed a ride somewhere, the action the man took, running away, should not have evoked what seems to be the deputy's response (active pursuit) after 'trying to make contact'.   

Unprovoked flight may give rise to reasonable suspicion, it doesn’t constitute resisting, delaying, or obstructing an officer, at least not unless and until the officer lawfully orders the fleeing person to stop.  Otherwise, case law is rather ambiguous, but barring any articulated reason for having the young man stop in this instance, it appears the contact was not initiated by the deputy on reasonable suspicion that a law had been broken.  Dressing inappropriately is not a crime and neither is hastily avoiding contact with police (with some exceptions based primarily on whether another crime is under investigation or when it's a high crime area, which does not apply here).

Ergo, the resisting charge seems forced and inapplicable, just as the other charge does of 'disorderly person'.  Disorderly person is a catch- all offense used by some disreputable police agencies to tack onto non-offenses just like there seems to be here.  The MI disorderly person statute is quite clear on what is disorderly conduct, there are twelve cases that can apply.  The only one that comes close to disorderly person conduct is "A person who is found jostling unnecessarily in a public place."

And that would have been done by the deputy in the arrest of this otherwise innocent man.  Some people wonder why an innocent person would run from police, here's one of those reasons why.  New videos showing improper police conduct come out every day, thanks to everyone having a camera.  

The minor was not innocent you say?  He was an underage drinker.  Let's agree that's the case, then why isn't he being brought up on a civil infraction for that?  And since he isn't, what was the reasonable suspicion that allowed the deputy to detain and arrest the young man absent any credible charge of disorderly person or resistance?   Why is this young Ludington man having to face spurious and serious charges because some poorly-trained deputy decided to mess his life up?

[Willy]

I can understand the police stopping the young man to see what he was doing walking around at that time of the night. He could have been a burglar or dealing drugs, who knows. The fact that he took off running probably validated the cops instincts to stop and question him. However once it was discovered that the young man did no wrong, he should have been cut loose without further repercussions from the police.

[XLFD]

I do not see anything wrong with the deputy stopping to see whether there was a problem.  The release says "attempted to make contact" which is a police way of saying that the person fled before anything could be communicated to him.  I'm inclined to believe that your normal, unencumbered, and scared 20 y.o. male with a head start would be able to easily outrun a fully-geared deputy if he was trying fully to escape the encounter.  There were woods nearby that would have negated the deputy's advantage in having a car.

So, I find the fleeing narrative suspect, I know that most MCSO deputies like nothing worse than being ignored, when they are trying to talk with you (other than chasing somebody in 2 degree temperatures).  I believe the truth was closer to this;  The deputy slowly rolled up toward the man, he panicked and moved away.  The deputy parked, and pursued the man, probably yelling to him he just wanted to talk with him.   The man held up, and since he had got the officer out of his heated vehicle, the deputy vindictively tacked on a misdemeanor of disorderly person and a felony of resisting, both ill-founded, when there wasn't a reason to arrest the man in the first place, even had he been drinking.  

[AQUAMAN]

I don't think there is enough information given here to make a call on this incident yet. Let's get all the facts and police report if possible, then try to figure this out, thanks.

[Willy]

I was wondering the same thing X. How did a deputy in full gear chase down a 20 year old? Doesn't make much sense. We may never know the details.

[XLFD]

That's the problem with the Mason County Sheriff's Office, you just can't get a lot of details beyond what they want to share.  And if a FOIA appeal comes before the 51st Circuit with Judge Sniegowski-- forget it.  We have the 'official' version, which leaves a lot of questions.  I hope to get the other side once I find out who this 20 year old man is, he should be getting his own copy of the police report and videos for his defense against the felony and misdemeanor he is accused of.

[AQUAMAN]

Felony? If the kid physically assaulted the cop with his fists or kicked him, shot him, knifed him, then a felony. Otherwise, just running away isn't a felony. Where does the felony charge come in? My few encounters for civil unrest with others against me as the complaintant proved Mike Fort was pretty nice, he was polite and professional to me anyhow.