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150906 - People v Michael Andrew Radandt

The People of the State of Michigan,
 
Kathryn M. Dalzell
 
Plaintiff-Appellee,
 
v
(Appeal from Ct of Appeals)
 
 
(St. Joseph – Stutesman, P.)
 
Michael Andrew Radandt,
 
Eric W. Misterovich
 
Defendant-Appellant.
 

Summary

Two officers received an anonymous tip about a marijuana growing operation.  They visited the home, and knocked on a door, but no one answered.  So the officers followed a path to the back of the home, walked onto a deck, and knocked on a sliding glass door.  No one answered, but from this vantage point, the officers heard voices, observed plastic sheeting and a fan (which they considered indicative of a marijuana grow operation), and smelled marijuana.  They obtained a search warrant, which led to the discovery of marijuana plants and equipment used to grow marijuana.  Defendant Michael Radant filed a motion to suppress the evidence, arguing that the officers violated his constitutional right against illegal search and seizure.  The trial court denied the motion, and the Court of Appeals affirmed in a split, unpublished opinion.  The Supreme Court will consider:  (1) whether the police officers unlawfully expanded a “knock and talk” procedure by entering the back yard and walking onto a wooden deck, which was attached to the home, see Florida v Jardines, 569 US 1; 133 S Ct 1409; 185 L Ed 2d 495 (2013); and (2) if a constitutional violation occurred, whether the good-faith exception to the exclusionary rule applies under the facts of this case. See United States v Leon, 468 US 897; 104 S Ct 3405; 82 L Ed 2d 677 (1984).