People of Michigan v. Daniel Horacek ( 2016 )

Order Michigan Supreme Court
Lansing, Michigan
May 6, 2016 Robert P. Young, Jr.,
Chief Justice
152567 Stephen J. Markman
Brian K. Zahra
Bridget M. McCormack
David F. Viviano
Richard H. Bernstein
PEOPLE OF THE STATE OF MICHIGAN, Joan L. Larsen,
Plaintiff-Appellee, Justices
v SC: 152567
COA: 317527
Oakland CC: 2012-241894-FH
DANIEL HORACEK,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the September 15, 2015
judgment of the Court of Appeals is considered. We DIRECT the Oakland County
Prosecuting Attorney to answer the application for leave to appeal within 28 days after
the date of this order. In particular, the prosecutor shall address: (1) what exigencies, if
any, existed at the time of the defendant’s warrantless arrest, see People v Oliver, 417
Mich 366, 384 (1983), citing United States v Bulman, 667 F2d 1374, 1384 (CA 11, 1982)
(“[T]he exigent circumstances doctrine is applicable only within the narrow range of
circumstances that present a real danger to the police or the public or a real danger that
evidence or a suspect might be lost.”); (2) whether those exigencies justified the
defendant’s warrantless arrest; (3) whether the defendant’s plea in this case was made
conditional in light of the tacit consent of the trial court and the prosecutor; (4) whether
MCR 6.301(C)(2) fully incorporates the conditional plea procedure in People v Reid, 420
Mich 326 (1984), see MCR 6.301, Comments; and (5) if there was a Fourth Amendment
violation, whether the defendant is entitled to withdraw his plea.
The application for leave to appeal remains pending.
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.
May 6, 2016
p0503
Clerk