Opinion
No. 119294.
December 18, 2001.
Although this Court is aware of the decision of the Sixth Circuit Court of Appeals in United States v. Dice, 200 F.3d 978, 986 (CA 6, 2000), holding that suppression of the evidence is the constitutionally mandated remedy for a violation of the Fourth Amendment "knock and announce" requirement, this Court reaffirms its decisions in People v. Stevens (After Remand), 460 Mich. 626 (1999), and People v. Vasquez (After Remand), 461 Mich. 235 (1999). In those cases, this Court held that suppression of the evidence is not the appropriate remedy for a violation of the "knock and announce" requirement under either the Fourth Amendment or Const 1963, art 1, § 11. Stevens, supra at 635, 643; Vasquez, supra at 242. Court of Appeals No. 230594.
Cavanagh and Kelly, JJ., We would grant leave to appeal.