Ann Arbor Criminal Defense Blog

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

Published on: April 23, 2019 | ArborYpsi Law

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 the passenger seat. The search of the backpack revealed methamphetamine, marijuana, pills, and a digital scale.

Mead was charged with possession of methamphetamine. He filed a motion to suppress the search. The motion was denied, and he later lost a jury trial. The judge sentenced him as a habitual offender to 2 to 10 years in prison.

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

Published on: April 5, 2019 | ArborYpsi Law

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 vehicle. Kavanaugh did not agree to the search.

Kavanaugh was then held while the officer got a drug-sniffing dog. You can guess the rest. The dog alerted the officer to a drug smell. A search of the car then revealed a good amount of marijuana.

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

Published on: March 29, 2019 | ArborYpsi Law

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.

Cyberbullying Laws Take Effect in Michigan

Published on: March 25, 2019 | ArborYpsi Law

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 is intended to be viewed by the victim as a threat.
A pattern of behavior/language on public media that is harassing and intimidating toward another.

Social media sites where the bullying occurs includes Twitter, Facebook, Snapchat, and Instagram. Cyberbullying can also take place via text or email.

Could Michigan Lower Its Legal Limit to .05?

Published on: March 24, 2019 | ArborYpsi Law

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 of .08 or over. The law assumes a person is intoxicated at this level. A driver with a .08 BAC can be convicted of operating while intoxicated.

Congress Discusses Requiring Cars to Have Ignition Interlock Devices

Published on: March 16, 2019 | ArborYpsi Law

Technology is always changing our lives, for better or worse. Congress recently held a hearing to discuss whether every car should be equipped with a device to measure if a driver has been drinking. Safety advocates strongly encourage such a move, but the reality of this seems very far away.

What Would This Mean?

These safety advocates would want to see an ignition interlock device in every car. An ignition interlock device is technology where a driver blows into a tube and it measures the driver’s blood alcohol content. The car won’t start if the person registers a blood alcohol content.

There are several companies that are working on less invasive alcohol-measuring devices. These include a device that detect alcohol through the fingertips or a device that measures the normal breathing of the person behind the wheel. These companies acknowledge that these newer technologies are not yet complete and are still in the early stages of development. The ignition interlock is still the go-to device for alcohol-measurements for drivers.

What is Felony-Firearm?

Published on: March 14, 2019 | ArborYpsi Law

Felony-firearm is the offense of carrying a firearm during the commission of a felony. The penalties are steep.

Penalties for a Felon-Firearm Conviction

A felony-firearm conviction results in a mandatory minimum incarceration of two years in prison. A second felony-firearm conviction results in a mandatory minimum of 5 years imprisonment. A third or subsequent conviction means a mandatory minimum of ten years.

The mandatory minimum sentence is consecutive and in addition to a conviction for another felony, including the underlying felony for the felony-firearm conviction. This means a person would serve the sentence for felony-firearm before the sentence for any other conviction begins.

California Suspends Death Penalty

Published on: March 13, 2019 | ArborYpsi Law

The governor of California has suspended the death penalty, at least for the time he is in office. Currently, there are 737 inmates on death row in California. This is the largest amount of prisoners on death row for any state in the country. The prisoners will not be executed on death row during the governor’s term. The method of killing inmates, lethal injection, has been eliminated. In addition, the execution chamber has been shut down in San Quentin Prison.California has not executed a person since 2006.

Governor’s Reasons to Ban the Death Penalty

California Governor Newsom states the outdated death penalty discriminates against defendants with mental illness, of low socioeconomic class and minorities. In addition, the death penalty costs millions in tax payer dollars. The justice system which is responsible for implementing the death penalty is flawed and far short of being perfect. In California, a defendant was found to be innocent last year after 25 years on death row.

There are 20 other states that have abolished the death penalty. The Washington Supreme Court recently found the death penalty to be unconstitutional. Michigan itself abolished the death penalty in 1847.

Use of Roadside Saliva Drug Tests Will Expand Statewide

Published on: March 8, 2019 | ArborYpsi Law

Police are expanding the use of a roadside saliva test statewide for drivers suspected to be under the influence of drugs. This expanded use of the test coincides with the legalization of recreational marijuana. The roadside saliva test began as part of a one-year pilot program in five Michigan counties.

Roadside Saliva Tests

These saliva tests are similar to the preliminary breath test (PBT) given to drivers suspected of drinking alcohol. A positive test will give the police officer cause to arrest the person for drugged driving. Like the PBT, the test needs to be confirmed by a more reliable test – which means a blood test.

The saliva test is designed for limited types of drugs – amphetamines, benzodiazepines, marijuana, methamphetamines, and opiates. The big one police are looking for is marijuana.

Civil Asset Forfeiture in Michigan May Come Soon

Published on: March 7, 2019 | ArborYpsi Law

Michigan is moving closer to reforming civil asset forfeiture following arrests. In Michigan, the police may keep seized property during an arrest. This has become a tool for funding police departments. Currently, police can keep seized property even when the person is not charged with a crime or is later found not guilty.

The new law would stop civil asset forfeiture for amounts of property under $50,000 unless the person is actually convicted of a crime.

What is Civil Asset Forfeiture?

When a person is arrested, the police will often take the property they find on the person. The most common example is when a person with cash in their wallet is arrested. The police will take the cash and keep it – saying the person forfeited the property. Another example would be where the police arrest a person for drunk driving and keep the car unless the person pays a large amount of money to get the car back. The only way to get the money back is to file a suit in the circuit court.