Articles Posted in Criminal Law and Procedure

For a police officer to make a warrantless search of a vehicle the officer must have “probable cause” that evidence of a crime will be found, as required by the Fourth Amendment. In Florida v. Harris the Court discussed when the source of the probable cause is a drug-sniffing dog, and affirmed the rule that…

In 2010, the Supreme Court in Padilla v. Kentucky held that the Sixth Amendment requires an attorney for a non-citizen criminal defendant to advise on the possibility of deportation that could result from a guilty plea. Failure to advise on these consequences could be the ineffective assistance of counsel. The question before the Court in…

The Michigan Court of Appeals in People v. Gomez was asked whether the United States Supreme Court decision Padilla v. Kentucky would apply to cases that were already decided and ruled that Padilla’s effect would not be retroactive. In Padilla, the Supreme Court held that criminal defense counsel must advise a non-citizen defendant that a…

Reckless driving is a misdemeanor offense in Michigan and comes with serious consequences, both for the driver’s wallet and driver’s license. A conviction is punishable by up to a $500 fine, 93 days in jail, or both. In addition, a total of $1,000 will be assessed in driver’s responsibility fees by the Secretary of State.…

As police surveillance techniques become more sophisticated due to technological advances courts will be asked how this squares with the Fourth Amendment protection from unreasonable searches. In U.S. v. Jones the U.S. Supreme Court was asked whether the placement of a global positioning device on a person’s car is a search within the meaning of…

We’ve all seen a police vehicle with its light flashing on the side of the road. How should we proceed past that police car? The law explains what you should do – a violation of this law could be charged as a misdemeanor. And a violation that results in an injury or death will be…

A new marijuana transportation law will prescribe the manner in which medical marijuana may be transported lawfully. Marijuana to be transported soon must be either; -Enclosed in case that is carried in the trunk of a vehicle, or -Enclosed in a case that is not readily accessible from the interior of the vehicle, if the…

The Michigan Medical Marihuana Act requires that individuals seeking the broad immunity from prosecution provided by Section 4 of the Act must keep marijuana plants in an enclosed, locked facility, among other requirements. The MMMA did not originally define what was an enclosed, locked facility, leading prosecuting officials and courts to fill in the blanks.…

The Michigan legislature took steps to further restrict the rights of parolees from prison. As a condition of release, parolees must now provide written consent to all searches of their person or property by peace officers or parole officers upon demand. The only exception is that the consent does not extend to searches that are…

The Internet Privacy Protection Act, going into effect today, was enacted by the Michigan legislature following several nationally publicized stories of employers demanding that job applicants hand over facebook or twitter account passwords on the spot in order to get the job. The law prohibits employers from demanding employees or job applicants to provide an…