THE MICHIGAN CRIMINAL PROCESS THE ARREST The Michigan criminal process begins with the arrest, generally. In order to properly arrest, the police must have probable cause that a crime was committed. Probable cause is reasonable belief that you (the defendant) committed a crime. Warrants are not required in order to arrest individuals, yet they are…

Read More

Stop and Frisk or Pat Down – When Can It Occur? A police officer has three opportunities to perform a search (or a stop and frisk or pat down) on an individual: (1) A Search Warrant, (2) Consent, or (3) A Search After Arrest. All three ways or opportunities to search are fairly straight-forward. However,…

Read More

New Preliminary Roadside Analysis – Drunk Driving Law Update Effective January 12, 2015, the State of Michigan will have a new law controlling drunk driving cases. Governer Synder signed the bill October 14, 2015. The new law amends the pre-existing drunk driving statute, changing the way arrests can and will be performed here in Michigan….

Read More

Stop And Frisk Searches By Police Officers – United States v Noble Explained On August 8, 2014, the United States Court of Appeals in the 6th Circuit, in United States v Noble, explained the limits and constraints place on an officer when he chooses to perform a Terry Stop and frisk searches on individuals. The Court explained…

Read More

People v Green – Left To People v McQueen The Michigan Supreme Court issued an Order in June 2013 reversing the Michigan Court of Appeals in People v Green, and explained that the trial court should follow the Court’s opinion as explained in People v McQueen. For those who do not know about People v Green, the matter…

Read More

Common Drug Crime Defenses: Some You Know And Some You May Not There are times when controlled substances and/or drugs crimes are accepted within society these days. Those accepted moments comes when those around the individuals are okay with the use and/or partaking iof the drug question. Moreover, another common time where individuals are allowed to use…

Read More

Decriminalizing Marijuana In Michigan Here in the State of Michigan, there are certain cities decriminalizing marijuana involving up to a specific amount of marijuana and for of-aged individuals (those over 18-years old or 21-years old). It is important to note that individual municipalities may and will have varying languages and requirements within those individual ordinances. These…

Read More

Medical Marijuana Drunk Driving In Michigan – When Does It occurs? It may be considered a landmark case for the Michigan Medical Marihuana community. The Michigan Supreme Court, in People v Koon, has held that individuals who qualify for immunity will not automatically be found to be driving “under the influence” simply because they internally…

Read More

MEDICAL MARIHUANA COLLECTIVE GROWING – People v Bylsma Michigan Supreme Court Opinion Many people will make People v Bylsma out to be bigger than it is, meaning that this case has negatively impacted the medical marijuana community here in Michigan. However, the case was not without hope and should be read thoroughly prior to rendering judgment. The…

Read More

Warrantless Home Search By Law Enforcement Can Happen  Generally, Law Enforcement (or Police) are not allowed to enter your home without a warrant; however, some circumstances can allow for them to perform a warrantless home search (meaning without a warrant or your consent). Those instances allowing for a warrantless home search are referred to as exigent circumstances. Emergency…

Read More