The 6th U.S. Circuit Court of Appeals abruptly withdrew a recent panel decision declaring unconstitutional a Michigan law that banned objects such as air fresheners, fuzzy dice and rosaries hanging from rear-view mirrors in cars.
The Dec. 31, 2008, order, issued without explanation, came in the case of a Detroit man who challenged the legality of a search of his car by police because he had a four-inch “Tweety Bird” air freshener hanging from the mirror.
The 2006 search of Lonnie Ray Davis’ car turned up contraband, including a stun gun, a .38 caliber pistol, 24 grams of cocaine base and $655 in cash. Davis was also an ex-felon, making the weapons possession illegal, and he did not have a driver’s license.
The dissent in the 6th Circuit’s decision pointed out that the state did not have the opportunity to argue or reply to the allegation raised by Davis that the Michigan law was so vague that a driver would not know what sort of hanging object would block a driver’s view to the point of being illegal.
The majority had refused to suppress the evidence discovered in the search of Davis’ car, stating the officer’s stop was made in good faith and he had no way of knowing the law would be ruled unconstitutional. Now the appeals court appears to be uncertain about the law as well.
Davis pleaded guilty to a felony for firearm’s possession and possession of cocaine base with intent to distribute. He was sentenced to 15 years. U.S. v. Davis, No. 07-1964 (6th Cir.).
