The court traced this distinction through two of its own earlier decisions. In Spectrum Health, decided in 2012, the court held that a vehicle is taken unlawfully when someone gains possession of it contrary to Michigan law, such as when a vehicle owner has expressly forbidden another person from using it. In Rambin, decided in 2014, the court added that the driver’s intent at the time of the taking matters and that a driver is entitled to present evidence that they believed they had authority to take the vehicle.
