Order Michigan Supreme Court
Lansing, Michigan
June 10, 2016 Robert P. Young, Jr.,
Chief Justice
Stephen J. Markman
Brian K. Zahra
153115 Bridget M. McCormack
153117 David F. Viviano
Richard H. Bernstein
Joan L. Larsen,
Justices
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 153115
COA: 323642
Kent CC: 14-003216-FH
MICHAEL CHRISTOPHER FREDERICK,
Defendant-Appellant.
_________________________________________/
PEOPLE OF THE STATE OF MICHIGAN,
Plaintiff-Appellee,
v SC: 153117
COA: 323643
Kent CC: 14-003215-FH
TODD RANDOLPH VAN DOORNE,
Defendant-Appellant.
_________________________________________/
On order of the Court, the applications for leave to appeal the December 8, 2015
judgment of the Court of Appeals are considered. We direct the Clerk to schedule oral
argument on whether to grant the applications or take other action. MCR 7.305(H)(1).
The parties shall file supplemental briefs within 42 days of the date of this order
addressing: (1) whether the knock-and-talk procedures employed by the law enforcement
officers violated the general public’s implied license to approach the defendants’
residences and constituted unconstitutional searches in violation of the Fourth
Amendment, see Florida v Jardines, 569 US ___; 133 S Ct 1409, 1416 n 3, 1422; 185 L
Ed 2d 495 (2013); (2) whether the conduct of the law enforcement officers “objectively
reveals a purpose to conduct a search” to obtain evidence without the necessity of
obtaining a warrant, id. at 1417; and (3) whether the conduct of the law enforcement
officers was coercive, see United States v Spotted Elk, 548 F3d 641, 655 (CA 8, 2008).
The parties should not submit mere restatements of their application papers.
2
The Prosecuting Attorneys Association of Michigan and the Criminal Defense
Attorneys of Michigan are invited to file briefs amicus curiae. Other persons or groups
interested in the determination of the issues presented in these cases may move the Court
for permission to file briefs amicus curiae.
Motions for permission to file briefs amicus curiae and briefs amicus curiae
regarding these two cases should be filed in People v Frederick (Docket No. 153115)
only and served on the parties in both cases.
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 10, 2016
s0607
Clerk