The Michigan Supreme Court has reinstated a drunken driving case against a man who was sitting in his parked pickup truck with the engine off.
The justices have overruled a decision by an Ionia County judge, saying Jeff Ward's right against illegal seizure wasn't violated when a deputy approached and talked to him outside a skating rink in 2010.
The Supreme Court says the deputy smelled alcohol through the open window and could hear sounds that suggested the engine had just been turned off.
Justices unanimously say there was probable cause to make the bust near Ionia, 35 miles east of Grand Rapids.
A message seeking comment was left with Ward's lawyer.
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