Constitutional Law – Josh Jones

Passenger Challenging Vehicle Search – People v Mead – Michigan Supreme Court Opinion

On April 19, 2019, the Michigan Supreme Court specifically identified that a Michigan passenger challenging vehicle search to be constitutional in People v Mead. This means that a passenger has been recognized to maintain standing to challenge the constitutionality of a search of a motor vehicle or the objects or area that they maintain a …

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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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Government Hacking Is Constitutional Without Warrant, Fed Judge Rules

Crimes, Michigan Criminal Law Blog, Michigan Marijuana Law Blog / By Josh Jones

Federal Judge Rules Government Hacking Is Constitutional Without Warrant In June 2016, a Federal Judge ruled Government hacking is Constitutional, after it had been discovered that the FBI had utilized malware on a private computer to obtain specific I.P. addresses of individuals accessing a particular website. It is worth noting at this point in the discussion …

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

Crimes / By Josh Jones

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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No 4th Amendment Protection: Cellphone Tower Data

Michigan Criminal Law Blog, Michigan Marijuana Law Blog / By Josh Jones

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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