People of Michigan v. Jesse Lawerence Holt ( 2013 )

Order Michigan Supreme Court
Lansing, Michigan
June 7, 2013 Robert P. Young, Jr.,
Chief Justice
145201 Michael F. Cavanagh
Stephen J. Markman
Mary Beth Kelly
Brian K. Zahra
Bridget M. McCormack
PEOPLE OF THE STATE OF MICHIGAN, David F. Viviano,
Plaintiff-Appellee, Justices
v SC: 145201
COA: 302017
Wayne CC: 10-007922-FH
JESSE LAWERENCE HOLT, a/k/a JESSE
LAWRENCE HOLT,
Defendant-Appellant.
_________________________________________/
By order of September 4, 2012, the application for leave to appeal the April 10,
2012 judgment of the Court of Appeals was held in abeyance pending the decisions in
Florida v Jardines (USSC Docket No. 11-564) and Florida v Harris (USSC Docket No.
11-817). On order of the Court, Florida v Jardines having been decided on March 26,
2013, 569 US ___; 133 S Ct 1409; 185 L Ed 2d 495 (2013), and Florida v Harris having
been decided on February 19, 2013, 568 US ___; 133 S Ct 1050; 185 L Ed 2d 61 (2013),
the application is again considered and, pursuant to MCR 7.302(H)(1), in lieu of granting
leave to appeal, we REVERSE the judgment of the Court of Appeals and we
REINSTATE the November 23, 2010 order of the Wayne Circuit Court. In Florida v
Jardines, under circumstances very similar to those in this case, the United States
Supreme Court ruled that the employment of a drug-sniffing dog within the curtilage of
the defendant’s home without a search warrant was a violation of the Fourth Amendment
right against unreasonable searches and seizures. In light of the prosecutor’s concession
that absent the canine sniff the warrant was not supported by probable cause, and given
the reasoning provided by the United States Supreme Court, the trial court in this case
properly granted the defendant’s motion to suppress the evidence seized in the search of
his home.
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.
June 7, 2013
t0604
Clerk