PEOPLE OF MI V JOSHUA ADAM SPENCER (Concurring Opinion)
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STATE OF MICHIGAN COURT OF APPEALS PEOPLE OF THE STATE OF MICHIGAN, UNPUBLISHED May 3, 2012 Plaintiff-Appellant, v No. 304422 Leelanau Circuit Court LC No. 10-001713-FH JOSHUA ADAM SPENCER, Defendant-Appellee. Before: HOEKSTRA, P.J., and SAWYER and SAAD, JJ. HOEKSTRA, J., (concurring). Because I find that the police conduct, as described by the majority, did not constitute constitutionally impermissible conduct, I join with the majority in reversing. The issue before us in this case is whether the police officers were lawfully on the premises when they knocked on the pole barn after receiving no response at the residence. The pole barn was approximately 150 to 175 feet away from the home, was not connected to the home by a fence, and had a dirt path leading to its entrance. Accordingly, I conclude that the pole barn was outside the curtilage of the house, and therefore, defendant did not have a reasonable expectation of privacy in regard to the pole barn. See People v Powell, 477 Mich 860; 721 NW2d 180 (2006); US v Dunn, 480 US 294, 301-304; 107 S Ct 1134; 94 L Ed 2d 326 (1987). Because defendant did not have a reasonable expectation of privacy in regard to the pole barn, the police officers were lawfully on the premises and the evidence consequently discovered pursuant to a consent search should not have been suppressed by the trial court. /s/ Joel P. Hoekstra -1-
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