Opinion
No. 141837.
December 29, 2010.
Court of Appeals No. 294840.
Leave to Appeal Granted.
The parties shall address (1) whether a person present in his or her own home can lawfully resist a police officer who unlawfully and forcibly enters the home, without violating MCL 750.81d, (2) if not, whether, so interpreted, MCL 750.81d is unconstitutional, and (3) whether a defendant prosecuted under MCL 750.81d for resisting a police officer who unlawfully and forcibly enters the defendant's home may claim self-defense.
I concur with the Court's order granting leave to appeal. I also request that the parties brief whether the trial court erroneously concluded that the exigent circumstances exception to the warrant requirement did not apply where the police officer testified that he smelled burning or burnt marijuana while standing by the open doorway of the defendant's home and that the entry was necessary under the circumstances to prevent the imminent destruction of evidence. See, generally, In re Forfeiture of $176,598, 443 Mich 261 (1993).