Opinion
SC 165800 COA 360451
02-02-2024
PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v. DAVID RYAN BAUMANN, Defendant-Appellant.
Livingston CC: 21-000234-AR
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 April 27, 2023 judgment of the Court of Appeals is considered, and it is DENIED, because we are not persuaded that the questions presented should be reviewed by this Court.
CAVANAGH, J. (dissenting).
I respectfully dissent from this Court's order denying leave to appeal. Although MCL 257.252d(1)(k) appears to support the impoundment of defendant's vehicle, I would have granted oral argument on the application to consider whether the impoundment and subsequent inventory search in this case were constitutionally reasonable. See Cooper v California, 386 U.S. 58, 61 (1967) ("[T]he question here is not whether the search was authorized by state law. The question is rather whether the search was reasonable under the Fourth Amendment. Just as a search authorized by state law may be an unreasonable one under that amendment, so may a search not expressly authorized by state law be justified as a constitutionally reasonable one."); People v Toohey, 438 Mich. 265, 272 (1991) ("Evaluation of the reasonableness of . . . a search and seizure depends upon the facts and circumstances of each case[.]") (quotation marks and citation omitted).
WELCH and BOLDEN, JJ., join the statement of CAVANAGH, J.