Federal Judiciary

Obstructions Hanging from Rearview Mirrors

Remember the controversy that went around in '08 and '09 over the Tweety Bird air freshener and the traffic stop based on this dangling air freshener hanging from a fellow's rearview mirror? Originally, the 6th Circuit found that Michigan's M.C.L. 257.709(1)(c) was unconstitutionally vague. United States v. Davis, No. 07--1964, slip op. at 7 (6th Cir. Dec. 19, 2008). The Court withdrew this opinion, however, and the State of Michigan was given the opportunity to intervene. The revised opinion did not address the vagueness of the statute; it simply stated that the police had probable cause to stop the defendant. United States v. Davis, 326 F. App`x 351, 353 (6th Cir. 2009).

For a refresher on the issue, check out:

http://www.thenewspaper.com/news/29/2928.asp

Well, it looks like Michigan has voted to amend the statute. On December 2, 2010, the state legislature approved Senate Bill 276 and recommended presentation to the Governor. Subsection (1)(c) has been amended, the subsection that prohibited dangling ornaments. No more language regarding dangling ornaments. Only prohibits obstructions. . . .

Get all the details here:

http://www.legislature.mi.gov/(S(epvv2muu1q22u1fojrbuqf55))/mileg.aspx?page=GetObject&objectname=2009-SB-0276

Full post as published by Sixth Circuit Blog on December 06, 2010 (boomark / email).