Opinion
Docket No. 145201. COA No. 302017.
2013-06-7
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Jesse Lawerence HOLT, a/k/a Jesse Lawrence Holt, Defendant–Appellant.
Prior report: Mich.App., 2012 WL 1193264.
Order
By order of September 4, 2012, the application for leave to appeal the April 10, 2012 judgment of the Court of Appeals was held in abeyance pending the decisions in Florida v. Jardines, ––– U.S. ––––, 132 S.Ct. 995, 181 L.Ed.2d 726 (2012) (USSC Docket No. 11–564) and Florida v. Harris, ––– U.S. ––––, 133 S.Ct. 99, 183 L.Ed.2d 737 (2012) (USSC Docket No. 11–817). On order of the Court, Florida v. Jardines having been decided on March 26, 2013, ––– U.S. ––––, 133 S.Ct. 1409, 185 L.Ed.2d 495 (2013), and Florida v. Harris having been decided on February 19, 2013, ––– U.S. ––––, 133 S.Ct. 1050, 185 L.Ed.2d 61 (2013), the application is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting leave to appeal, we REVERSE the judgment of the Court of Appeals and we REINSTATE the November 23, 2010 order of the Wayne Circuit Court. In Florida v. Jardines, under circumstances very similar to those in this case, the United States Supreme Court ruled that the employment of a drug-sniffing dog within the curtilage of the defendant's home without a search warrant was a violation of the Fourth Amendment right against unreasonable searches and seizures. In light of the prosecutor's concession that absent the canine sniff the warrant was not supported by probable cause, and given the reasoning provided by the United States Supreme Court, the trial court in this case properly granted the defendant's motion to suppress the evidence seized in the search of his home.