People of Michigan v. Joseph John Blair Jr ( 2020 )

Order Michigan Supreme Court
Lansing, Michigan
March 25, 2020 Bridget M. McCormack,
Chief Justice
David F. Viviano,
Chief Justice Pro Tem
160678
Stephen J. Markman
Brian K. Zahra
Richard H. Bernstein
Elizabeth T. Clement
PEOPLE OF THE STATE OF MICHIGAN, Megan K. Cavanagh,
Plaintiff-Appellant, Justices
v SC: 160678
COA: 347885
Berrien CC: 2018-016211-FH
JOSEPH JOHN BLAIR, JR.,
Defendant-Appellee.
_________________________________________/
On order of the Court, the application for leave to appeal the October 29, 2019
judgment of the Court of Appeals is considered and, pursuant to MCR 7.305(H)(1), in
lieu of granting leave to appeal, we VACATE the Court of Appeals judgment and the
February 13, 2019 order of the Berrien Circuit Court denying the defendant’s motion to
suppress evidence. We REMAND this case to the trial court to reconsider the
defendant’s motion with the record as expanded by the Court of Appeals to include the
video evidence, and for the trial court to specifically address: (1) whether the Berrien
County Deputy Sheriff who impounded the vehicle complied with the Sheriff’s
Department Policies and Procedures governing towing and impounding, including
Section V of those policies, (2) whether the Deputy “acted in bad faith or for the sole
purpose of investigation,” Colorado v Bertine, 479 U.S. 367 (1987), and (3) if so, whether
that renders the search unconstitutional under either the state or federal constitutions.
We do not retain jurisdiction.
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.
March 25, 2020
s0324
Clerk