Opinion
SC 165233 COA 360693
11-03-2023
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellant, v. JEFFERY SCOTT ARMSTRONG, Defendant-Appellee.
Wayne CC: 21-003294-FH.
Elizabeth T. Clement, Chief Justice, Brian K. Zahra, David F. Viviano, Richard H. Bernstein, Megan K. Cavanagh, Elizabeth M. Welch, Kyra H. Bolden, Justices.
ORDER
On order of the Court, the application for leave to appeal the November 22, 2022 judgment of the Court of Appeals is considered. We direct the Clerk to schedule oral argument on the application. MCR 7.305(H)(1). The parties shall file supplemental briefs in accordance with MCR 7.312(E), addressing: (1) whether the Michigan Regulation and Taxation of Marihuana Act (MRTMA), MCL 333.27951 et seq., supersedes the rule that "the smell of marijuana alone by a person qualified to know the odor may establish probable cause to search a motor vehicle, pursuant to the motor vehicle exception to the warrant requirement," People v Kazmierczak, 461 Mich. 411, 426 (2000) (footnote omitted); (2) if so, whether the exclusionary rule applies to searches conducted in good-faith reliance upon Kazmierczak, see Davis v United States, 564 U.S. 229, 241 (2011); (3) alternatively, if the holding of Kazmierczak has been superseded by the MRTMA, whether the smell of marijuana alone may establish reasonable suspicion to perform an investigatory stop pursuant to Terry v Ohio, 392 U.S. 1 (1968); and (4) if so, whether the trial court clearly erred in concluding that the firearm recovered in this case was not in plain view during an otherwise constitutional Terry stop. See People v Champion, 452 Mich. 92 (1996).
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.