Michigan Criminal Lawyers Blog

According to the Flint Journal, Genesee County Sheriff Robert Pickell has recently announced a controversial new plan to deter drug usage. Pickell's plan includes setting up signs that warn drivers of a "sheriff's narcotic checkpoint." However, in Indianapolis v. Edmund, the Supreme Court ruled that drug roadblocks are unconstitutional.

If you have been stopped at a drug checkpoint or are facing drug charges based on evidence from a police search, it is important to contact an experienced Michigan criminal defense attorney. Rules concerning the conditions under which you may be searched and what constitutes an invasion of privacy are very specific. If police fail to follow proper procedures it is possible to challenge the search, often leading to charges being reduced or even dropped.

In Edmund, the City of Indianapolis used drug roadblocks to examine motorists for signs of drug usage, including the use of drug sniffing dogs. After review, the Court determined that the random drug searches at highway checkpoints were a violation of Americans' right to privacy. In a 6-3 decision, the Court determined that the police use of roadblocks and random stop in an effort to stop the flow of illegal drugs through Indianapolis was unconstitutional because it violated Fourth Amendment protections against unreasonable search and seizures.

The Court further determined that the severity of a drug problem in some city neighborhoods did not justify the searches, leading to far more innocent motorists being stopped than criminals.

Despite the clear ruling that such drug checkpoints are unconstitutional, the Genesee County Sheriff's Department has been using checkpoint warnings for the last few weeks. According to reports although the Undersheriff would not provide specific details about the plan, he asserts, "what is being done is within the law."

A spokesperson from the American Civil Liberties Union (ACLU) disagrees, noting that they are deeply troubled with the tactic, stating that they believe the Genesee's County Sheriff's Department was taking "a backdoor approach to violating people's rights." "Police need probable cause to search a vehicle for drugs and 'turning away' from a reported checkpoint 'doesn't give police the probable cause."

Continue reading "Genesee County Sheriff Reveals Plan To Use Drug Checkpoints Warnings To Stop Vehicles Despite Unconstitutionality Of Drug Roadblocks Determined In City of Indianapolis v. Edmond " »

In a case involving an Isabella County medical marijuana dispensary, the Michigan Court of Appeals determined that operating dispensaries are both a "public nuisance" and "illegal." The Detroit Free Press reports that the Court of Appeals issued an opinion today providing that a Mount Pleasant dispensary - Compassionate Apothecary (CA) - could be shut down based on the fact that it sells marijuana to other apothecaries.

The Michigan Medical Marijuana Act (MMMA) law is complex. If you are a registered medical marijuana user or distributor or have questions regarding how its provisions may affect you, its important to speak to a knowledgeable Michigan medical marijuana attorney.

Even though medical marijuana is legal, significant restrictions are placed on its use and distribution. Under the MMMA, the amount of pot registered users and licensed caregivers may grow treat medical condition is limited. If a person grows, possesses or distributes more than the allotted amount, they may face serious felony charges. Depending on the circumstances, if you are found in possession of marijuana you may be charged with drug possession, drug distribution or even drug trafficking despite the fact that the drugs were intended for your own medicinal purposes and even though you never planned to give them to anyone else.

If convicted, you may face prison time and fines. In some instances, you may even face a civil forfeiture - where the state may seize personal assets such as your car - if they believe if was purchased with the proceeds of your pot sales.

An aggressive Michigan drug crime attorney can fight to defend your rights and keep you out of jail and recover any property taken away by law enforcement.

Here, the dispensary allowed registered medical marijuana users and caregivers to sell to each other. The lower court determined that it was legal under the MMMA for patients to transfers pot from patient to patient. However, on appeal the court determined that no provision of the MMMA permits patient-to-patient sales of marijuana, and as a result, Compassionate Apothecary didn't have the authority to sell pot to different apothecary members. The appeals court determined that the lower court had erred in finding that dispensaries merely "facilitate its storage." Specifically, the court held that "medical use" of marijuana does not include selling it.

Continue reading "Michigan Court of Appeals Rules Medical Marijuana Dispensaries Illegal In State of Michigan v. Compassionate Apothecary" »

The Detroit Free Press reports that this week's joint operation between the Oakland County Sheriff's Office and the Drug Enforcement Administration resulted in a seizure of the largest quantity of heroin in Oakland County and Michigan history. Law enforcement recovered 10.5 kilograms of cocaine and 69 kilograms of heroin with a combined street value of $150 million.

Michigan law enforcement is serious about cracking down on drug crimes. If you've have been charged with federal drug charges or a major felony offense for drug trafficking, you face jail or prison time and large fines. In some cases, in their zeal to remove drugs from the streets, police or drug enforcement agents make errors in charges or in the procedures used to confiscate narcotics or other drugs. In order to ensure your rights are protected, it's important to contact an aggressive Michigan criminal defense attorney immediately if you've been charged or under investigation for any state or federal felony drug charge.

According to news reports, law enforcement conducted a traffic stop and found two kilograms of cocaine. They then executed a search warrant and found large quantities of heroin, cocaine and cash.

Even when evidence of contraband exists, many defenses exist that an experienced Michigan drug crime lawyer can raise in order to protect your future and keep you out of jail. Knowledgeable Michigan criminal defense attorneys will protect your constitutional rights against police mistakes and misconduct by investigating such questions as:

• Was the search warrant on your vehicle or property valid?
• Did the police have the right to stop and search your car?
• Did probable cause exists for your arrest?
• Is any chemical testing accurate?
• Did police or DEA agents entrap you?
• Were informants and witnesses used fairly?

Because possession of a few ounces of narcotics can turn into drug distribution or drug trafficking charges, it is critical to ensure the Michigan drug defense law firm you hire fully investigates all avenues of defense. Early intervention is key to beat charges or lessen to consequents of an arrest and prosecution. In high-profile Michigan drug trafficking cases such as this heroin bust, it becomes even more important to fight back as soon as possible. Many times, prosecutors want to make a name for themselves and make alleged drug sellers "enemy number one." Often, charges may be trumped up and innocent individuals prosecuted just because of who they know or are associated with.

Continue reading "Pontiac Heroin Seizure Largest In Oakland County History " »

Since 2008, Michigan citizens have legally been able to use medical marijuana. Despite the legality of medical marijuana uses - dispensary owners and even registered users sometimes face prosecution for drug possession or drug distribution. Under Michigan law, individuals with qualifying medical conditions who are registered patients in the Michigan Medical Marijuana program and have orders from a physician can legally grow marijuana to personally treat their conditions. Additionally, medical marijuana users or their licensed primary caregivers may grow up to 12 marijuana plants and have 2.5 ounces of pot for use by the registered, qualified patients they're treating.

Despite the legality of medical marijuana, individuals are often still arrested under this sometimes-confusing law. Further, those who try to open medical dispensaries, clinics and supply houses are often the center of controversy. Businesses located alongside dispensaries often fight the marijuana businesses claiming that dispensaries scare away potential customers.

In fact, Lansing city council members recently approved an ordinance limiting dispensaries to industrial and commercial areas, requiring them to stay 1,000 feet from schools, churches and other marijuana businesses. Medical marijuana users also face strict restrictions - in order to use marijuana legally, individuals must be licensed by the state. As of July 1, about 82,000 people were licensed to use medical marijuana in Michigan. 7,190 people were licensed in Ingham, Eaton and Clinton counties.

Continue reading "Medical Marijuana Debate Continues " »