People v. Mead
| Decision Date | 14 April 2017 |
| Docket Number | SC: 154584,COA: 327881 |
| Citation | 500 Mich. 967,892 N.W.2d 379 (Mem) |
| Parties | PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Larry Gerald MEAD, Defendant–Appellant. |
| Court | Michigan Supreme Court |
On order of the Court, the application for leave to appeal the September 13, 2016 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals, and we REMAND this case to that court for consideration of: (1) whether this Court's peremptory order in People v. LaBelle , 478 Mich. 891 (2007), is distinguishable; (2) whether the record demonstrates that the police officer reasonably believed that the driver had common authority over the backpack in order for the driver's consent to justify the search, see Illinois v. Rodriguez , 497 U.S. 177, 181, 183–189; 110 S. Ct. 2793; 111 L.Ed.2d 148 (1990) ; and (3) whether there are any other grounds upon which the search may be justified.
We do not retain jurisdiction.
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People v. Mead
...We conclude that no other grounds justified the search.We affirm. Talbot, C.J., and K. F. Kelly, J., concurred with O’Connell, J.1 People v. Mead , unpublished opinion per curiam of the Court of Appeals, issued September 13, 2016 (Docket No. 327881), 2016 WL 4804081.2 People v. Mead , 500 M......
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People v. Mead
...order held that the defendant lacked standing to contest the search of the backpack after the driver consented to the search of the car. People v. Mead , unpublished per curiam opinion of the Court of Appeals, issued September 13, 2016 (Docket No. 327881), 2016 WL 4804081. The defendant sou......