PEOPLE OF MI V GARY CHRISTOPHER CARLSON

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V GARY CHRISTOPHER CARLSON
Docket No. 374225
LC No. 2023-026111-FC
Brock A. Swartzle
Presiding Judge
Matthew S. Ackerman
Christopher M. Trebilcock
Judges
On the Court’s own motion, the parties are directed to file supplemental briefing, no more than 15
pages each, with this Court within 14 days of the date of this order. The supplemental briefing shall
address:
1. Whether, following People v Carson, ___ Mich ___, ___; ___ NW3d ___ (2025) (Docket No.
166923); slip op at 10-24, the June 22, 2023 search warrant for defendant’s Samsung Galaxy phone
violated the Fourth Amendment’s particularity requirement.
2. If the search warrant violated the Fourth Amendment’s particularity requirement, are there any
applicable exceptions to the exclusionary rule? See, e.g., People v Carson, 350 Mich App 352,
379-383; 31 NW3d 431 (2024) (discussing the application of the good-faith exception to a warrant
that violated the particularity requirement), rev’d in part on other grounds by Carson, ___ Mich at
___; slip op at 31.
3. If there is an applicable exception to the exclusionary rule, did the prosecutor forfeit application
of such exception by failing to raise it on appeal? And if so, should this Court excuse that failure?
Furthermore, the prosecutor is directed to appear at oral argument to answer questions that may be
asked by this Court.
_______________________________
Presiding Judge
September 15, 2026

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