Order Michigan Supreme Court
Lansing, Michigan
October 2, 2009 Marilyn Kelly,
Chief Justice
139060 Michael F. Cavanagh
Elizabeth A. Weaver
Maura D. Corrigan
Robert P. Young, Jr.
Stephen J. Markman
PEOPLE OF THE STATE OF MICHIGAN, Diane M. Hathaway,
Plaintiff-Appellant, Justices
v SC: 139060
COA: 290772
Wayne CC: 08-012609-AR
SHAUN DAVID BARBARICH,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the June 3, 2009 order of
the Court of Appeals is considered. We direct the Clerk to schedule oral argument on
whether to grant the application or take other peremptory action. MCR 7.302(H)(1). At
oral argument, the parties shall address whether the State Police trooper who effectuated
the traffic stop had sufficient, reliable information based on an anonymous citizen tip to
form a particularized suspicion that the defendant had been or was about to be engaged in
criminal wrongdoing, People v Shabaz, 424 Mich 42, 59 (1985); or whether the citizen’s
tip constituted “a complaint by someone who witnessed [a] person violating [the Vehicle
Code] or a local ordinance substantially corresponding to [the Vehicle Code], which
violation is a civil infraction” for purposes of MCL 257.742(3) and, if so, whether the
trooper thus had the authority to stop the defendant’s car. The parties may file
supplemental briefs within 42 days of the date of this order, but they should not submit
mere restatements of their application papers.
I, Corbin R. Davis, 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.
October 2, 2009 _________________________________________
0929 Clerk