PEOPLE OF MI V DAVID ALAN MEDEMA

Court of Appeals, State of Michigan
ORDER
PEOPLE OF MI V DAVID ALAN MEDEMA
Docket No. 377843
LC No. 25-017044-FH
Brock A. Swartzle
Presiding Judge
Anica Letica
Philip P. Mariani
Judges
Pursuant to MCR 7.205(E)(2), in lieu of granting the application for leave to appeal, the
September 19, 2025 bench ruling of the Oceana Circuit Court is PEREMPTORILY REVERSED. The
October 1, 2025 order implementing that ruling is VACATED. The trial court erred as a matter of law when
it relied on the automobile exception to the warrant requirement to sustain a search of defendant’s body and
the interior of his footwear. The exception does not extend to the search of a person found in an automobile.
See Collins v Virginia, 584 US 586, 595; 138 S Ct 1663; 201 L Ed 2d 9 (2018) (“[T]he scope of the
automobile exception extends no further than the automobile itself.”); United States v Di Re, 332 US 581,
587; 68 S Ct 222; 92 L Ed 210 (1948) (“We are not convinced that a person, by mere presence in a suspected
car, loses immunities from search of his person to which he would otherwise be entitled.”) This matter is
REMANDED to the trial court for reconsideration of the merits of defendant’s motion to suppress.
We do not retain jurisdiction. This order has immediate effect. MCR 7.215(F)(2).
_______________________________
Presiding Judge
December 1, 2025

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