Johnson v. Vanderkooi
| Decision Date | 26 February 2021 |
| Docket Number | COA: 330536,SC: 160959,COA: 330537,SC: 160958 |
| Citation | 954 N.W.2d 524 (Mem) |
| Parties | Denishio JOHNSON, Plaintiff-Appellant, v. Curt VANDERKOOI, Elliot Bargas, and City of Grand Rapids, Defendants-Appellees. Keyon Harrison, Plaintiff-Appellant, v. Curt Vanderkooi and City of Grand Rapids, Defendants-Appellees. |
| Court | Michigan Supreme Court |
On order of the Court, the application for leave to appeal the November 21, 2019 judgment of the Court of Appeals is considered, and it is GRANTED. The parties shall include among the issues to be briefed: (1) whether fingerprinting constitutes a search for Fourth Amendment purposes; (2) if it does, whether fingerprinting based on no more than a reasonable suspicion of criminal activity, as authorized by the Grand Rapids Police Department's "photograph and print" procedures, is unreasonable under the Fourth Amendment; and (3) whether fingerprinting exceeds the scope of a permissible seizure pursuant to Terry v. Ohio , 392 U.S. 1, 88 S.Ct. 1868, 20 L.Ed.2d 889 (1968). The total time allowed for oral argument shall be 40 minutes: 20 minutes for the appellants, and 20 minutes for appellee City of Grand Rapids. MCR 7.314(B)(1).
The Criminal Defense Attorneys of Michigan and the Prosecuting Attorneys Association of Michigan are invited to file briefs amicus curiae. Other persons or groups interested in the determination of the issues presented in this case may move the Court for permission to file briefs amicus curiae.
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Johnson v. VanderKooi
...scope of a permissible seizure pursuant to Terry v Ohio , 392 U.S. 1 [88 S.Ct. 1868, 20 L.Ed.2d 889] (1968). [ Johnson v. VanderKooi , 507 Mich. 880, 880, 954 N.W.2d 524 (2021).] II. STANDARD OF REVIEW"This Court reviews de novo both questions of constitutional law and a trial court's decis......
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...on this issue of its precedential effect. In Johnson v VanderKooi, 330 Mich.App. 506, 527; 948 N.W.2d 650 (2019), lv granted Mich.; 954 N.W.2d 524 (2021), this Court held that reliance on an alternative basis for ruling does not convert a holding of this Court into dicta; rather, this Court......