Opinion
SC: 159476 COA: 345293
10-17-2019
PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Neil Andrew TRAPP, Defendant-Appellant.
Order
On order of the Court, the application for leave to appeal the February 25, 2019 order of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we REMAND this case to the Court of Appeals for consideration as on leave granted to address: (1) whether the constructive-entry doctrine, United States v. Morgan, 743 F.2d 1158 (6th Cir. 1984), should be recognized in Michigan and, if so, whether the facts of this case fall within that doctrine; and (2) whether the dispatch report that the police received about an intoxicated man waving a gun around outside a trailer, and the video evidence showing that the police received information when they arrived at the scene about children being present, provided the police with exigent circumstances justifying their action of telling one occupant of the trailer to tell the other occupants to come out.
We do not retain jurisdiction.
Viviano, J., did not participate due to a familial relationship with the presiding circuit court judge in this case.