Opinion
Docket No. 152567. COA No. 317527.
05-06-2016
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Daniel HORACEK, Defendant–Appellant.
Order
On order of the Court, the application for leave to appeal the September 15, 2015 judgment of the Court of Appeals is considered. We DIRECT the Oakland County Prosecuting Attorney to answer the application for leave to appeal within 28 days after the date of this order. In particular, the prosecutor shall address: (1) what exigencies, if any, existed at the time of the defendant's warrantless arrest, see People v. Oliver, 417 Mich. 366, 384, 338 N.W.2d 167 (1983), citing United States v. Bulman, 667 F.2d 1374, 1384 (C.A.11, 1982) ("[T]he exigent circumstances doctrine is applicable only within the narrow range of circumstances that present a real danger to the police or the public or a real danger that evidence or a suspect might be lost."); (2) whether those exigencies justified the defendant's warrantless arrest; (3) whether the defendant's plea in this case was made conditional in light of the tacit consent of the trial court and the prosecutor; (4) whether MCR 6.301(C)(2) fully incorporates the conditional plea procedure in People v. Reid, 420 Mich. 326, 362 N.W.2d 655 (1984), see MCR 6.301, Comments; and (5) if there was a Fourth Amendment violation, whether the defendant is entitled to withdraw his plea.
The application for leave to appeal remains pending.