Opinion
Docket Nos. 153115 153117. COA Nos. 323642 323643.
06-10-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Michael Christopher FREDERICK, Defendant–Appellant. People of the State of Michigan, Plaintiff–Appellee, v. Todd Randolph Van Doorne, Defendant–Appellant.
Order
On order of the Court, the applications for leave to appeal the December 8, 2015 judgment of the Court of Appeals are considered. We direct the Clerk to schedule oral argument on whether to grant the applications or take other action. MCR 7.305(H)(1). The parties shall file supplemental briefs within 42 days of the date of this order addressing: (1) whether the knock-and-talk procedures employed by the law enforcement officers violated the general public's implied license to approach the defendants' residences and constituted unconstitutional searches in violation of the Fourth Amendment, see Florida v. Jardines, 569 U.S. ––––, 133 S.Ct. 1409, 1416 n. 3, 1422, 185 L.Ed.2d 495 (2013) ; (2) whether the conduct of the law enforcement officers “objectively reveals a purpose to conduct a search” to obtain evidence without the necessity of obtaining a warrant, id. at 1417 ; and (3) whether the conduct of the law enforcement officers was coercive, see United States v. Spotted Elk, 548 F.3d 641, 655 (C.A.8, 2008). The parties should not submit mere restatements of their application papers.
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 these cases may move the Court for permission to file briefs amicus curiae.
Motions for permission to file briefs amicus curiae and briefs amicus curiae regarding these two cases should be filed in People v. Frederick (Docket No. 153115) only and served on the parties in both cases.