892 N.W.2d 379

Mich.

2017

PEOPLE OF THE STATE OF MICHIGAN, Plaintiff-Appellee, v LARRY GERALD MEAD, Defendant-Appellant.

SC: 154584

Michigan Supreme Court

April 14, 2017

COA: 327881; Jackson CC: 14-004482-FH

Stephen J. Markman, Chief Justice; Robert P. Young, Jr., Brian K. Zahra, Bridget M. McCormack, David F. Viviano, Richard H. Bernstein, Joan L. Larsen, Justices

Order

On order of the Court, the application for leave to appeal the September 13, 2016 judgment of the Court of Appeals is considered. Pursuant to MCR 7.305(H)(1), in lieu of granting leave to appeal, we VACATE the judgment of the Court of Appeals, and we REMAND this case to that court for consideration of: (1) whether this Court’s peremptory order in People v LaBelle, 478 Mich 891 (2007), is distinguishable; (2) whether the record demonstrates that the police officer reasonably believed that the driver had common authority over the backpack in order for the driver’s consent to justify the search, see Illinois v Rodriguez, 497 US 177, 181, 183-189; 110 S Ct 2793; 111 L Ed 2d 148 (1990); and (3) whether there are any other grounds upon which the search may be justified.

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.

Clerk

April 14, 2017