Opinion
SC: 154584 COA: 327881
04-14-2017
PEOPLE of the State of Michigan, Plaintiff–Appellee, v. Larry Gerald MEAD, Defendant–Appellant.
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 U.S. 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.