Opinion
SC: 160678 COA: 347885
03-25-2020
PEOPLE of the State of Michigan, Plaintiff-Appellant, v. Joseph John BLAIR, Jr., Defendant-Appellee.
Order
On order of the Court, the application for leave to appeal the October 29, 2019 judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the Court of Appeals judgment and the February 13, 2019 order of the Berrien Circuit Court denying the defendant’s motion to suppress evidence. We REMAND this case to the trial court to reconsider the defendant’s motion with the record as expanded by the Court of Appeals to include the video evidence, and for the trial court to specifically address: (1) whether the Berrien County Deputy Sheriff who impounded the vehicle complied with the Sheriff’s Department Policies and Procedures governing towing and impounding, including Section V of those policies, (2) whether the Deputy "acted in bad faith or for the sole purpose of investigation," Colorado v. Bertine , 479 U.S. 367, 107 S.Ct. 738, 93 L.Ed.2d 739 (1987), and (3) if so, whether that renders the search unconstitutional under either the state or federal constitutions.
We do not retain jurisdiction.