Opinion
SC: 159591 COA: 347603
10-29-2019
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Matthew Scott DUFF, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the March 27, 2019 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Oakland Circuit Court for reconsideration of the defendant’s motion to suppress. On remand, the circuit court shall determine when the defendant was first seized for Fourth Amendment purposes. See People v. Jenkins , 472 Mich. 26, 32, 691 N.W.2d 759 (2005) ("A ‘seizure’ within the meaning of the Fourth Amendment occurs only if, in view of all the circumstances, a reasonable person would have believed that he was not free to leave."). This is the relevant point in time for assessing whether the deputies had probable cause to justify an arrest or a reasonable suspicion of criminal activity to justify a stop under Terry v. Ohio , 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968).
We do not retain jurisdiction.