Opinion
No. 141822.
October 29, 2010.
Reported below: ___ Mich App ___ (Court of Appeals No. 292288).
Leave to Appeal Granted.
The application for leave to appeal the August 26, 2:010 judgment of the Court of Appeals is considered, and it is granted, to consider whether the good-faith exception to the exclusionary rule applies to a warrantless vehicle search that was conducted under the authority of New York v Belton, 453 US 454 (1981), but that would be unconstitutional under Arizona v Gant, 556 US ___; 129 S Ct 1710 (2009). We further order that the defendant may file, and the Saginaw Circuit Court may entertain, a motion for bond pending the appeal in this Court.
The Prosecuting Attorneys Association of Michigan and the Criminal Defense Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issue presented in this case may move the Court for permission to file briefs amicus curiae.