In People v Holt, __ Mich __ (# 145201, 6/7/2013) the
Michigan Supreme Court reversed the
judgment of the Court of Appeals reinstating the trial court’s order granting defendant’s motion to suppress. In Florida v Jardines,
569 US ___; 133 S Ct 1409; 185 L Ed 2d 495 (2013) the United States
Supreme Court ruled that the employment of a drug-sniffing dog within the
curtilage of the defendant’s home without a search warrant was a violation of
the Fourth Amendment right against unreasonable searches and seizures. In light
of the prosecutor’s concession that absent the canine sniff the warrant was not
supported by probable cause, and given the reasoning provided by the United
States Supreme Court, the trial court in this case properly granted the
defendant’s motion to suppress the evidence seized in the search of his home.
