People v Slaymaker

Defendant was convicted, after bench trial, of resisting a peace officer. Court erred in judgment of conviction, as officer was not engaged in an authorized act at the time, as officer was not authorized to pat Defendant down for weapons in the course of a community-caretaking encounter. Officer stopped Defendant as he walked down paved median while talking on cell phone on a hot summer evening, and told officer he was walking to McDonald's, and placed hands in his pockets. Officer was not authorized to prolong encounter to frisk Defendant for possible weapon. (HUTCHINSON and BURKE, concurring.)