4th Amendment

Michigan Criminal Lawyer, Josh Jones

Insulting Gesture is NOT Unlawful or Illegal

In Cruise-Gulyas v Minard, the Court of Appeals for the 6th Circuit ruled that an individual who makes an insulting gesture is not unlawful or illegal. This ruling effectively creates the inability for an officer to arrest, stop or seize an individual simply for making an insulting gesture toward the officer or another individual. The …

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Michigan Criminal Lawyer, Josh Jones

People v Frederick Limits Knock And Announce Protocol

People v Frederick Limits Knock And Announce By Police Recently, in People v Frederick the Michigan Supreme Court limited police in their use of knock and announce procedures. Under constitutional interpretation, Courts in the past have consistently upheld the police using knock and announce procedures. What is knock and announce, you may ask? This is …

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Michigan Criminal Lawyer, Josh Jones

Border Searches Extend Throughout Michigan

Border Searches Cover The Entire State of Michigan I remember sitting in my constitutional law class when the professor began his lecture on border searches, and when he explained the basis of these types of searches I was a little surprised. There has always been a decrease in personal and constitutional rights when entering a …

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Michigan Criminal Lawyer, Josh Jones

Birchfield v North Dakota – SCOTUS – No Criminal Charges For Refusing Blood Draws

No Criminal Charges For Refusing Blood Draws – Birchfield v North Dakota: Supreme Court of the United States The Supreme Court of the United States (SCOTUS) recently rendered an opinion, in Birchfield v North Dakota, indicating that criminal charges cannot ensue for individuals refusing blood draws after being requested by a police officer. North Dakota previously criminally …

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Michigan Criminal Lawyer, Josh Jones

Utah v Strieff – Uprooting The Attenuation Doctrine – by Josh Jones

U.S. Supreme Court Opinion Breakdown – Utah v Strieff The U.S. Supreme Court in Utah v Strieff upset many individuals with its opinion because the court essentially allowed for illegally obtained evidence to be used to convict an individual due to the attenuation doctrine. The issue before the Court, in Utah v Strieff, was based upon …

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Michigan Criminal Lawyer, Josh Jones

No 4th Amendment Protection: Cellphone Tower Data

Cellphone Tower Data Is Not Constitutionally Protected Recently in 2016, a 6th Circuit Court of Appeals held that there was no 4th Amendment protection for cellphone tower data because it was determined that there is no expectation of privacy for the information exchanged between a cellphone and a cellphone tower when an individual is accessing …

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Michigan Criminal Lawyer, Josh Jones

U.S. Supreme Court Limits Dog Sniff Search For Vehicle

Dog Sniff Search Limited by SCOTUS The Supreme Court of the United States wrote an opinion on April 21, 2015, where it explained that police officers are limited in time and cause when executing a dog sniff search on a motor vehicle. In Rodriguez v United States, the Court was faced with a case involving a …

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Michigan Criminal Lawyer, Josh Jones

Vehicle Search Exception – Michigan Criminal & Marihuana Lawyer

What Is The Vehicle Search Exception? Once an individual motorist has been pulled over and the police officer has probable cause to perform a vehicle search a warrant will not be necessary in order to actually vehicle search. This is known as the Motor Vehicle Search Exception to the Fourth Amendment?s requirement of first obtaining …

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Michigan Criminal Lawyer, Josh Jones

Terry Stop and Frisk or Pat Down – Michigan Criminal & Marijuana Lawyer, Josh Jones

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, …

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Michigan Criminal Lawyer, Josh Jones

Law Enforcement Perform Warrantless Home Search – by Criminal & Marijuana Defense Lawyer

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 …

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