Court Rules Against City of Warren Medical Marijuana Laws

The Michigan Court of Appeals recently held a city of Warren ordinance regulating medical marijuana grows is not enforceable. What Were the Warren Ordinances? There were two requirements contained in a Warren ordinance that were in issue in this case. The ordinance applied to medical marijuana growers who grow in their own residential home. The ordnance required the growers to; 1) Register with the Department of Building and Safety Engineering and to pass a safety inspection for electrical, […]

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Felon in Possession of a Firearm Charges Case From Court of Appeals

Firearms charges can be some of the most serious types of charges. Especially convictions for felony-firearm, which carries mandatory terms of years in prison. The case of People v. Parkmallory discusses a case involving firearms charges. The Case Parkmallory was charged with felon in possession of a firearm and felony-firearm. The allegations in the case were that Parkmallory and his girlfriend took turns firing a gun into the air on New Years Eve. Before trial, Parkmallory’s attorney stipulated […]

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Civil Asset Forfeiture Reform Signed Into Law

Governor Whitmer signed a civil asset forfeiture reform bill today, limiting the ability of police officers to keep property they seize when an arrest is made. Under the new law, police will not be able to keep property under $50,000 unless the person is convicted of a crime. Why is this important? Nearly 1,000 people over the last three years were arrested, had their property taken by police and not returned but were not convicted of a crime. […]

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Denver Becomes First in Country to Decriminalize Magic Mushrooms

Voters in Denver passed a law decriminalizing the use of “magic mushrooms.” What the Law Says Denver voted to effectively decriminalize mushrooms. Technically, the vote means the police department will make the enforcement of laws regarding mushrooms as the lowest department priority. Are Magic Mushrooms a Major Legal Problem? Let’s look at the numbers. The Denver District Attorney’s Office prosecuted 9,000 drug cases between 2016 and 2018. Of those 9,000, only 11 were for mushroom related offenses. 3 […]

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John Doe v. David Baum: University of Michigan Sexual Misconduct Case

This Sixth Circuit Court of Appeals case establishes a right of an accused to cross examine an accuser in a university sexual misconduct case where credibility is an issue. It is an important legal development for misconduct cases. Why is that important legally? Because credibility is an issue in basically all these cases. Universities are more and more responsible for adjudicating claims of sexual harassment and sexual assault. This can be uncharted for a university. Universities have been […]

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Michigan Supreme Court Limits Police Ability to Search Passenger Property in Cars

The case of People v. Mead is an important case for Fourth Amendment rights in Michigan. What Happened in the Case Mead was a passenger in a car. He had just met the driver, who had offered him a ride. The police stopped the vehicle and ordered the driver and Mead out of the car. The driver consented to a search of the car. The police officer searched the car, including Mead’s backpack, which Mead had left on […]

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The Michigan Court of Appeals Limits Police Ability to Extend Traffic Stops to Get Drug Sniffing Dogs

The Michigan Court of Appeals in People v. Kavanaugh decided a great case for Fourth Amendment rights in Michigan. What Happened in the Case? The police pulled over Kavanaugh’s vehicle on I-96 on the west side of the state. The officer’s reason for pulling the vehicle over was a poorly fixed license plate and Kavanaugh’s failure to use a turn signal when making a lane change. Once pulled over, the officer asked Kavanaugh for consent to search the […]

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Michigan Declines to Create “Legal Limit” for Marijuana and Driving

Currently, a person cannot drive after drinking if they have a blood alcohol content of .08 or over. Right now, there is no “legal limit” for marijuana. For the last year or so, the Michigan Impaired Driving Safety Commission has researched whether the law should have a legal limit for marijuana. The Commission declined to create a legal limit for marijuana. This means to be in trouble for driving under the influence of marijuana, a person must actually […]

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Cyberbullying Laws Take Effect in Michigan

Effective March 27th new cyberbullying laws have been implemented in the state of Michigan. A rise in the use of social media has moved traditional bullying to the world of computers. The new law seeks to deter that behavior.  What is Cyberbullying? Cyberbullying includes one or more of the following: Communicating through social media the intent to threaten violence towards another or make the individual fearful for their well-being or death. Publishing a threat on social media that […]

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Could Michigan Lower Its Legal Limit to .05?

Lawmakers in Michigan have introduced proposed legislation that would lower the legal limit from .08 to .05. Utah recently became the first state to lower its legal limite to .05. It is currently against the law to drive after drinking when a person has a .08 blood alcohol content. Many safety groups are unsatisfied with the .08 amount. What Would This Mean Legally Speaking? Right now, it is against the law to drive with a blood alcohol content […]

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