Order Michigan Supreme Court
Lansing, Michigan
January 29, 2014 Robert P. Young, Jr.,
Chief Justice
147093 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: 147093
COA: 314431
St. Joseph CC: 11-017611-FH
MASON ALAN FULLER,
Defendant-Appellant.
_________________________________________/
On order of the Court, the application for leave to appeal the March 14, 2013 order
of the Court of Appeals is considered and, pursuant to MCR 7.302(H)(1), in lieu of
granting leave to appeal, we REMAND this case to the Court of Appeals for
consideration, as on leave granted, of the issue whether the police officers unlawfully
expanded a “knock and talk” procedure by entering the defendant’s backyard and
walking onto a wooden deck, which was attached to the home, and, if a constitutional
violation occurred, whether the good-faith exception to the exclusionary rule applies
under these facts. In all other respects, leave to appeal is DENIED, because we are not
persuaded that the remaining question presented should be reviewed by this Court.
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.
January 29, 2014
p0122
Clerk