People of Michigan v. Charles William Wood ( 2019 )

Order Michigan Supreme Court
Lansing, Michigan
March 20, 2019 Bridget M. McCormack,
Chief Justice
156688 David F. Viviano,
Chief Justice Pro Tem
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Elizabeth T. Clement
Plaintiff-Appellant, Megan K. Cavanagh,
Justices
v SC: 156688
COA: 331462
Oakland CC: 2015-255591-FH
CHARLES WILLIAM WOOD,
Defendant-Appellee.
_________________________________________/
By order of March 7, 2018, the defendant was directed to answer the application for
leave to appeal the September 19, 2017 judgment of the Court of Appeals. On order of the
Court, the answer having been received, the application for leave to appeal is again
considered and, pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we
REVERSE the judgment of the Court of Appeals, and we REMAND this case to the
Oakland Circuit Court for further proceedings. The warrantless search of the defendant’s
vehicle was properly executed pursuant to the automobile exception. Based on the
defendant’s admission of criminal activity and the presence of nitrous oxide canisters in
the Trooper’s plain view, the Trooper had probable cause to believe that the defendant had
committed a crime and that evidence of that crime was located within the vehicle. See
People v Kazmierczak, 461 Mich 411, 418-419 (2000).
I, Larry S. Royster, Clerk of the Michigan Supreme Court, certify that the
foregoing is a true and complete copy of the order entered at the direction of the Court.
March 20, 2019
p0313
Clerk