Articles Posted in Drug Crimes

Typically, when the police believe that someone is trafficking narcotics, they will conduct a thorough investigation, which often includes obtaining a warrant to search the individual’s home or vehicle. The police must have reasonable suspicion that a person is engaging in criminal activity to obtain a warrant, however, and if they do not, the search conducted under the warrant may be deemed unconstitutional. In a recent Michigan opinion, a court discussed what constitutes sufficient grounds to grant a warrant in a case in which the defendant was charged with several drug crimes. If you are accused of a drug offense, it is advisable to speak to a trusted Michigan criminal defense lawyer about your options.

Facts of the Case

It is reported that the police obtained a warrant to search the defendant’s home and vehicle based on the belief that he was selling drugs. Following the investigation, the State charged the defendant with multiple drug and weapons crimes. He then moved to suppress the evidence obtained via the search warrant on the grounds that it was overly broad and did not contain adequate evidence to establish probable cause. The court granted the motion and dismissed the charges against the defendant. The State subsequently appealed, arguing that the trial court applied an improper standard in evaluating whether the warrant should have been granted.

Probable Cause Sufficient to Justify a Search Warrant

The Fourth Amendment of the United States Constitution protects people from unreasonable searches and seizures and states that warrants will not be issued without probable cause, supported by affidavits that describe in detail the place that will be searched and the things that will be seized. The Michigan Constitution contains a similar provision that has been construed as providing the same protections as the Fourth Amendment. Continue Reading ›

Historically, people convicted of some drug crimes faced harsher penalties than those convicted of others. In an effort to remedy this disparity, Congress passed a law known as the First Step Act that allowed for sentence reductions when certain factors were met. Recently, in an opinion delivered in a drug offense case, a Michigan court explained what a defendant must show to demonstrate eligibility for a reduced sentence under the First Step Act. If you are charged with a drug crime, you could face significant penalties, and it is prudent to meet with a skillful Michigan criminal defense attorney to assess your options.

The Defendant’s Conviction and Sentencing

It is reported that the defendant was convicted of conspiracy with the intent to distribute controlled substances, using a firearm in relation to a drug trafficking crime, tax evasion, possessing cocaine with an intent to distribute, and engaging in a continuous criminal enterprise in the late 1980s. He was sentenced to a term of life in prison and five years of supervised release. He appealed, and his conviction for conspiracy was vacated, and his sentence was reduced. He then sought a further reduction of his sentence under the First Step Act.

Eligibility for a Reduced Sentence under the First Step Act

At the time the defendant was sentenced, crimes involving crack cocaine were treated more harshly than those related to powder cocaine. To address this sentencing disparity, in 2010, Congress issued the Fair Sentencing Act. The provisions of the Fair Sentencing Act were not retroactive; however, so in 2018 Congress passed the First Step Act. Continue Reading ›