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…
Ann Arbor Criminal Defense Blog
Changes in Michigan City Marijuana Laws
In the November election several cities in Michigan voted to amend marijuana possession ordinances. This does not mean that marijuana possession is now legal in these cities. People may still be charged and prosecuted under Michigan state law. Marijuana possession under state law is a misdemeanor that carries a penalty…
Allowing A Person To Operate While Intoxicated
It is a crime to let someone operate your vehicle if that person is intoxicated or impaired. The law states that a person who is in charge or control of a vehicle shall not authorize or knowingly permit another person to use the vehicle. Penalties for Allowing a Person to…
Search Warrants and the Michigan Medical Marihuana Act
The Michigan Court of Appeals in People v. Brown held that police are not obligated to to determine whether a person suspected of using or growing marijuana is doing so legally under the Michigan Medical Marihuana Act before applying for a search warrant. In 2007, Defendant Brown’s former roommate informed police…
Wisconsin Court of Appeals: DFE is Not an Intoxicant Under OWI Law
In State of Wisconsin v. Marilyn Torbeck, the Wisconsin Court of Appeals answered the question of whether a person was guilty of operating while intoxicated for driving after huffing DFE, a chemical people inhale to get high. What Happened in the Case Ms. Torbeck was charged with operating while intoxicated-third…
Michigan Court of Appeals Strikes Down Zoning Ordinance Prohibiting Medical Marijuana Use
In Ter Beek v. City of Wyoming, the Michigan Court of Appeals voided a city ordinance that would prohibit activity that is permitted under the Michigan Medical Marihuana Act. In November 2010, Wyoming, Michigan, a town of about 70,000 people in suburban Grand Rapids, enacted a zoning ordinance that prohibited…
The Michigan Supreme Court Delivers Victory For Medical Marijuana Rights
In the cases of People v. Kolanek, King the Michigan Supreme Court decided several important issues regarding the Michigan Medical Marihuana Act in a win for medical marijuana users and advocates. The Court ruled that a defendant asserting the Section 8 defense is not required to establish the requirements of Section…
The Court of Appeals Discusses Sections 4 and 8 of the Michigan Medical Marihuana Act in People v. Kiel
In People v. Kiel, the police discovered marijuana plants growing on defendant Kiel’s property after a routine aerial surveillance. The police found 66-69 plants and seized 30 plants after Kiel produced medical marijuana cards for three people. Kiel was ultimately convicted for manufacturing marijuana. In a pretrial motion, the Kiel sought…
Disclosure Of Firearms Records Is A Civil Infraction
The Freedom of Information Act does not apply to firearms records. I cannot go to my local township and finds who owns a gun in my town. This law protects the privacy of firearms owners. MCL 28.421b makes it a civil infraction for a peace officer or an authorized system…
Miller v. Alabama: Mandatory Life Without Parole Sentences For Juveniles Are Unconstitutional
In the case of Miller v. Alabama, the U.S. Supreme Court in an opinion authored by Justice Kagan ruled that the Eighth Amendment forbids a sentencing scheme that mandates life in prison without possibility of parole for juvenile homicide offenders. The combined cases of Miller v. Alabama and Jackson v.…