Legal Update No. 134 (10/2018) Vehicle Code: The Michigan Vehicle Code amended to define and regulate “electric skateboards”; Search and Seizure: A person generally has an expectation of privacy in a wireless carrier’s cell-site location information revealing the person’s movements.
Legal Update No. 133 (09/2018) Medical Marihuana: The Michigan Medical Marihuana Act protects a certain amount of “usable marihuana” and “usable marihuana equivalents,” but does not protect the possession of any amount of “marihuana” that is not “usable marihuana”; Firearms Law: Schools may adopt a policy banning firearms on school property if it does not conflict with state law; Vehicle Code: Attaching on rear of vehicle a device designed to carry an object on its rear does not violate requirement to place and position registration plate so it is clearly visible and maintain it free from any obstruction; Statutes: The Code of Criminal Procedure amended to establish certain statute of limitations for armed robbery and second- and third-degree CSC.
Legal Update No. 132 (8/2018) Interview & Interrigation: A general warning that a person has a “right to a lawyer” does not comply with Miranda; Vehicle Code: The Michigan Vehicle Code (MVC) amended to increase maximum height of moped or motorcycle handlebars; Statutes: The Michigan Penal Code amended to increase the amount of oleoresin capsicum (OC) and allow ultraviolet dye in self-defense spray or foam devices.
Legal Update No. 131 (05/18) Search and Seizure: A driver of a rented vehicle who is not an authorized driver under the rental agreement may have an expectation of privacy in the vehicle; Vehicle Code: A person observed driving in a satisfactory manner may nevertheless be prosecuted for operating while visibly impaired as long as the person’s ability to drive was visibly impaired; Vehicle Code: Michigan Vehicle Code amended so that intersections without working traffic signals will soon be treated as a four-way stop.
Legal Update No. 130 (11/17) Criminal Law: The Michigan Penal Code amended to repeal the crime of possession of a mechanical knife; Vehicle Code: The Michigan Vehicle Code amended to allow for the electronic display of motor vehicle registration; Vehicle Code: The Michigan Vehicle Code amended to expand the requirements for leaving an unattended vehicle on a highway.
Legal Update No. 129 (08/17) Vehicle Code: A person may be prosecuted for operating while intoxicated in a place “generally accessible to motor vehicles” if the place is one that is usually capable of being reached by self-propelled vehicles; The Michigan Vehicle Code amended to remove the requirement that flashing, oscillating, or rotating lights on “authorized emergency vehicles” be mounted on the roof of a vehicle.
Legal Update No. 128 (07/17) Search and Seizure: The implied license to approach a home and conduct a “knock and talk” is time sensitive and the police violated the Fourth Amendment when they trespassed on the defendants’ property in the predawn hours with the intent to gather information; Criminal Law: Michigan Penal Code amended to add the crime of aiming a beam of directed energy at an aircraft or train; Forfeiture: Public Health Code amended to eliminate forfeiture bond requirements; Back to the Basics: Reasonable suspicion is necessary to prolong an otherwise completed traffic stop.
Legal Update No. 127 (02/17) Statutes: The Michigan Vehicle Code amended to allow certain vehicles to use flashing, rotating, or oscillating green lights; The Michigan Vehicle Code amended to address speed limits; The Michigan Vehicle Code amended to provide that operating a motorcycle without a motorcycle indorsement is punishable as a misdemeanor; The Michigan Penal Code amended to add the crime of willfully and maliciously damaging, destroying, injuring, defacing, dismantling, tampering with, or removing traffic control device.
Legal Update No. 126 (02/17) Criminal Law: The Public Health Code amended to exempt certain individuals from prosecution for the possession or use of a controlled substance or a controlled substance analogue; Statutes: The Michigan Penal Code amended to add the offense of willfully and maliciously removing a collar or microchip from a dog with the intent to remove traceable evidence of the dog’s ownership.
MSP Legal Update No. 125 (08/16) Statutes: Used Motor Vehicle Parts Act amended regarding buying and receiving used motor vehicle parts, including used motor vehicle tires, tire wheels or rims, or continuous tire tread.
MSP Legal Update No. 124 (08/16) Statutes: Amendments to the Michigan Penal Code to add the crimes of assault and battery of a pregnant individual and intentional dissemination of sexually explicit visual material of another person.
Legal Update No. 123 (07/16) Criminal Law: A homeowner or another person rightfully possessing a home after it has been foreclosed on and sold at a sheriff’s sale cannot be prosecuted for larceny in a dwelling house when he or she removes fixtures from the home during the statutory redemption period; Vehicle Code: A temporary registration plate that is not in a clearly visible position or in a clearly legible condition provides reasonable suspicion that MCL 257.225 is being violated.
Legal Update No. 122 (04/16) Criminal Law: Once lawfully inside a “dwelling,” a person cannot be prosecuted for home invasion for subsequently entering an interior room of the dwelling without permission; Vehicle Code: The portion of a person’s private driveway immediately next to his or her private residence is not a place “open to the general public” or a “place generally accessible to motor vehicles” for purposes of the Michigan Vehicle Code; Medical Marihuana: A person who smokes marihuana in his or her own car while parked in the parking lot of a private business that is open to the general public is not entitled to assert the immunity or defense provisions of the Michigan Medical Marihuana Act.
Legal Update No. 121 (03/16) Vehicle Code: The presence of a towing ball attached to a vehicle which obscures or partially obscures the registration plate is a violation of the Michigan Vehicle Code.
Legal Update No. 120 (01/16) Statutes: Michigan Vehicle Code amended to allow electronic copies of certificates of insurance.
Legal Update No. 119 (12/15) Statutes: Amendments to the Firearms Act affecting the process for obtaining a Concealed Pistol License.
Legal Update No. 118 (10/15) Criminal Law: Resisting and obstructing statute does not apply to reserve police officers; Did you Know? Vehicles manufactured as a golf cart or as an off road vehicle (ORV) cannot be modified and titled as an assembled vehicle for on-road use.
Legal Update No. 117 (07/15) Criminal Law: Amendments to the Firearms chapter of the Michigan Penal Code related to firearms and pneumatic guns; Criminal Law: Amendments to the Natural Resources and Environmental Protection Act related to firearms and pneumatic guns; Statutes: Amendments to the definition of “firearm” found in the Firearms Act, the Revised Statutes of 1846, and the Death or Injuries from Firearms Act.
Legal Update No. 116 (05/15) Search and Seizure: Absent reasonable suspicion, extension of a traffic stop in order to conduct a dog sniff violates the Fourth Amendment; Statutes:Provisions of the Michigan Vehicle Code relating to “preliminary roadside analysis” eliminated.
Legal Update No. 115 (04/15) Sexual Assault Victims Rights: Information and notices required to be provided to a sexual assault victim; Statutes: Requirements for the collection and handling of sexual assault kit evidence.
Legal Update No. 114 (03/15) Criminal Law: Various human trafficking and prostitution statutes amended; Forfeiture: Various forfeiture provisions amended.
Legal Update No. 113 (01/15) Statutes: Provisions of the Michigan Vehicle Code relating to operating a vehicle while intoxicated amended.
Legal Update No. 112 (12/14) Statutes: Amendments to the Firearms Act Affecting Access to Firearms Records; Did you Know? Handcuffing a person unduly tight or excessively forceful is a violation of the Fourth Amendment.
Legal Update No. 111 (10/14) Search and Seizure: A police officer may frisk a suspect only if there is reasonable suspicion to believe the suspect is armed and dangerous.
Legal Update No. 110 (09/14) Vehicle Code: The mere presence of a towing ball attached to a vehicle which obscures or partially obscures the registration information on a registration plate is not a violation of the Michigan Vehicle Code.
Legal Update No. 109 (06/14) Search and Seizure: Police officers are generally required to obtain a search warrant to search digital information on a cell phone seized from a person incident to arrest.
Legal Update No. 108 (05/14) Criminal Law: Felon in possession statute amended to prohibit ammunition in addition to firearms.
Legal Update No. 107 (04/14) Criminal Law: Sex Offenders Registration Act verification and annual registration fee requirements amended.
Legal Update No. 106 (03/14) Criminal Law: Michigan Penal Code amended to allow a person to make, manufacture, transfer, or possess a short-barreled shotgun or short-barreled riffle under certain conditions.
Legal Update No. 105 (10/13) Criminal Procedure: Audiovisual recording of custodial interrogations for major felonies.
Legal Update No. 104 (07/13) Criminal Law: Organized Retail Crime is now prohibited by Michigan Law; Vehicle Code: Removal of moped passenger restrictions.
Legal Update No. 103 (06/13) Medical Marihuana: The protections of the Michigan Medical Marihuana Act extend to a registered qualifying patient who internally possesses marihuana while operating a vehicle unless the patient is under the influence of marihuana; A registered qualifying patient is not entitled to immunity from arrest prosecution, or penalty under section 4 of the Michigan Medical Marihuana Act for transferring marihuana to another registered qualifying patient. A registered primary caregiver is not entitled to immunity under section 4 of the Michigan Medical Marihuana Act for transferring marihuana to anyone other than a registered qualifying patient connected to the caregiver through Michigan’s registration process; Section 4 of the Michigan Medical Marihuana Act does not provide a registered primary caregiver with immunity from arrest, prosecution, or penalty when growing marihuana collectively with other registered primary caregivers and registered qualifying patients; The definition section of the Michigan Medical Marihuana Act was amended, including provisions for growing marihuana plants outdoors; The Michigan Penal Code amended to include restrictions on transporting usable marihuana in or upon a motor vehicle.
Legal Update No. 102 (01/13) Criminal Law: Uncompensated transfers of marihuana between registered qualifying patients constitutes medical use of marihuana under the Michigan Medical Marihuana Act; A person cannot be prosecuted under MCL 750.237 for constructive possession of a firearm while intoxicated in his or her own home.
Legal Update No. 101 (09/12) Criminal Law: Michigan law prohibiting begging in a public place is unconstitutional; Back-To-Basics: Hot pursuit exception to search warrant requirement.
Legal Update No. 100 (08/12) Criminal Law: Michigan Penal Code and Firearms Act amended to allow for possession and reasonable use of Tasers by Michigan Concealed Pistol License holders.
Legal Update No. 99 (06/12) Criminal Law: Michigan law prohibiting the possession of Tasers and stun guns is unconstitutional; The Michigan Medical Marihuana Act does not protect a person from arrest if the person’s registry identification card is not reasonably accessible at the location of arrest.
Legal Update No. 98 (06/12) Statutes: Michigan fireworks laws amended to expand the types of fireworks that may be sold to and used by consumers without a permit.
Legal Update No. 97 (06/12) Criminal Law: Common chemical compounds found in synthetic cannabinoids (K2/Spice) and synthetic cathinones (Bath Salts/Plant Food) added to list of Schedule 1 controlled substances.
Legal Update No. 96 (04/12) Vehicle Code and Medical Marihuana: A person shall not operate a motor vehicle with any amount of a Schedule 1 controlled substance, including medical marihuana, in the person’s body.
Legal Update No. 95 (04/12) Vehicle Code: Motorcycle helmet use
Legal Update No. 94 (03/12) Search and Seizure: The installation of a GPS tracking device onto a suspect’s vehicle constitutes a search; Interview & Interrogation: Imprisonment alone does not constitute custody for purposes of Miranda
Legal Update No. 93 (01/12) Sex Offenders Registration Act: Homeless offenders permitted to use emergency overnight shelters in student safety zones under certain conditions; Commercial Motor Vehicles: Use of hand-held mobile telephone while driving
Legal Update No. 92 (12/11) Search and Seizure: Consent-once-removed doctrine; Back to Basics:Restrictions on entry into a residence to make an arrest with a warrant or a warrantless felony arrest
Legal Update No. 91 (11/11) Attorney General Opinions: Law enforcement officers are not required to return marihuana to a registered patient or primary caregiver upon his or her release from custody; Vehicle Code: Authorized emergency vehicles
Legal Update No. 90 (10/11) Public Health Code: Bath salts added to list of Schedule 1 controlled substances; Drug forfeiture funds may be used for any law enforcement purpose; Back to Basics: Michigan law does not prohibit citizens from recording police officers performing their duties.
Legal Update No. 89 (09/11) Criminal Law: The Michigan Medical Marihuana Act does not permit the sale of marihuana; The Michigan Medical Marihuana Act requires the physician’s statement occur before the illegal conduct in order for the affirmative defense to apply and in order for the person to be immune from arrest, prosecution, or penalty
Legal Update No. 88 (08/11) Statutes: Sex Offenders Registration Act amendments; the tier system; the reporting requirements; homeless offenders; employee definition includes volunteers; non-residents; penalties.
Legal Update No. 87 (07/11) Search and Seizure: Age must be considered when determining whether to give Miranda warnings to juvenile suspects; Vehicle Code: Moving violations in school bus zones
Legal Update No. 86 (10/10) Firearms Law: Open carry; unlawful premises; brandishing; transporting; carrying concealed; pistol registration; CPL pistol free zones; possession by out-of-state residents.
Legal Update No. 85 (08/10) Criminal Law: Prohibited use of tracking devices; downloading child pornography on a CD-R does not automatically mean manufacturing; searching for child pornography on the Internet may be possession; 11-Carboxy-THC is not a controlled substance; sexual contact includes touching for humiliation
Legal Update No. 84 (06/10) Criminal Law: Carrying a dangerous weapon with unlawful intent, MCL 750.226 Vehicle Code: Texting while driving
Legal Update No. 83 (04/10) Public Heath Code: Smoke Free Law Vehicle Code: Removing motor vehicles involved in traffic crashes from roadway
Legal Update No. 82 (02/10) Criminal Law: Homeless not required to register Back-to-Basics: Request for an attorney prior to chemical test
Legal Update No. 81 (09/09) Vehicle Code: Implied consent violations and inevitable discovery Back-to-Basics: Hot pursuit exception to the warrant requirement
Legal Update No. 80 (06/09) D.N.A. Law: Collection of samples at arrest; post-conviction testing
Legal Update No. 79 (06/09) Criminal Procedure: Interrogation after appointment of counsel
Legal Update No. 78 (04/09) Criminal Law: Medical marihuana rules & identification cards Criminal Procedure: Search warrant for wanted persons
Legal Update No. 77 (04/09) Criminal Procedure: Limits on searches incident to arrest
Legal Update No. 76 (04/09) Criminal Law: Catalytic converters added to larceny from a vehicle Criminal Procedure: Police responsibility to disclose exculpatory evidence
Legal Update No. 75 (04/09) Criminal Law: Nonferrous metal regulatory act (scrap metal); secondhand and junk dealers; larceny and nonferrous metal
Legal Update No. 74 (03/09) Criminal Law: Leaving child unattended in vehicle; child abuse – reckless endangerment
Legal Update No. 73 (03/09) Firearms Law: Certification for retired police officers
Legal Update No. 72 (02/09) Vehicle Code: Passing stationary waste haulers, utility vehicles, and road maintenance vehicles D.N.A. law: Use and misuse of DNA samples or profiles; disposition of samples or profiles; effect of good faith errors
Legal Update No. 71 (01/09) Firearms Law: Possession of another’s pistol; CPL revocation; “legal resident” defined; pistol-free zones; new residents with out-of-state CPLs; pistol possession by non-residents; judges and pistol-free zones
Legal Update No. 70 (12/08) Firearms Law: Pistol safety inspections eliminated Criminal Law: Dog bite requirements
Legal Update No. 69 (12/08) Criminal Law: Medical Marijuana
Legal Update No. 68 (10/08) Search & Seizure: Canine sniff of house Did You Know?: License expiration Back-to-Basics: Terry pat downs
Legal Update No. 67 (06/08) Vehicle Code: Booster seat requirement Criminal Law: CSC by school employees
Legal Update No. 66 (06/08) Statutes: Breaking & entering of shipping containers; animal abuse Back-to-Basics: Firearms – open carry, possession of another’s pistol, non-resident possession, safety inspection certificates, ammunition & long-guns, CPL notification requirements
Legal Update No. 65 (06/08) Statutes: Private (Professional) Investigators Criminal Law: Interfering with crime report
Legal Update No. 64 (04/08) Search & Seizure: Search incident to arrest – passenger arrests; search warrants based on e-mail address
Legal Update No. 63 (03/08) Vehicle Code: Video displays in view of driver Back to Basics: Witness tampering
Legal Update No. 62 (02/08) Criminal Procedure: Children and dying declarations Search & Seizure:Locked glove boxes and searches incident to arrest
Legal Update No. 61 (12/07) Criminal Procedure: Drug field tests admissible at prelims Attorney General Opinion: Illegal aliens and driver’s licenses Back to Basics: Border searches
Legal Update No. 60 (12/07) Vehicle Code: Signaling lane changes Criminal Law: Elements of felony nonsupport Did You Know?: Scope of implied consent hearings
Legal Update No. 59 (11/07) Vehicle Code: Unsigned registrations — not illegal Back to Basics: Lawful purposes for transporting a pistol
Legal Update No. 58 (11/07) Search & Seizure: Protective property checks Criminal Law: Minor refusing PBT
Legal Update No. 57 (07/07) Criminal Procedure: Forfeiture of improperly seized property Search & Seizure: Constructive entry Did You Know?: Authority of police to violate law Back to Basics: Police orders to have a person exit a vehicle
Legal Update No. 56 (06/07) Criminal Procedure: Prosecutor disqualification; Ineffective counsel; Passengers challenging stops Search & Seizure: Searches of items owned by passengers Back to Basics: Crime scene exception Did You Know?:Unattended vehicle
Legal Update No. 55 (05/07) Criminal Procedure: Use of force in medical situations Search & Seizure:Abandoned property; Inventory of personal property; Post-fire searches Did You Know?: Open carry of a pistol, part II Back to Basics: Police-citizen encounters
Legal Update No. 54 (04/07) Criminal Procedure: Dying declarations; faulty Title III warrants Search & Seizure: 911 hang-ups and Terry stops Interview & Interrogation: Refusal to provide a written statement Use of Force: Vehicle pursuits & intentional collisions Did You Know?: Open carry of pistols Back to Basics: Liquor inspections
Legal Update No. 53 (03/07) Statutes: Libraries as drug free zones; Junk dealers; Embezzlement from a charity Did You Know?: Exceeding authority when executing a search warrant Back to Basics: Entering a residence to make an arrest
Legal Update No. 53 (03/07) Statutes: Libraries as drug free zones; Junk dealers; Embezzlement from a charity Did You Know?: Exceeding authority when executing a search warrant Back to Basics: Entering a residence to make an arrest
Legal Update No. 52 (02/07) Criminal Procedure: Investigative subpoenas Did You Know?: Court and AG Opinions Back to Basics: Bond and search incident to arrest
Legal Update No. 51 (01/07) Statutes: LEIN checks for parole status; Felony OWI – three in lifetime; Search & Rescue teams; Private road Vehicle Code enforcement; Meth lab website; Military ID and alcohol purchases; Furnish cell phones to prisoners; Assaults upon corrections officers Search & Seizure: Miranda and co-tenant’s consent; Exigent circumstances in meth labs Interview & Interrogation: Public safety exception to Miranda Did You Know?: Vehicle inspections Back to Basics: Tricks during interrogations
Legal Update No. 50 (12/06) Statutes: Self-defense sprays; Juvenile breath tests Search & Seizure:Consent searches and third-party property Interview & Interrogation:Suspect understanding of rights Did You Know?: Armored vehicles Back to Basics: Interview of juvenile suspects
Legal Update No. 49 (11/06) Statutes: Felony Murder; Sex Offender Registry Did You Know?:Possession of Untaxed Tobacco Back to Basics: Interrogation & Miranda
Legal Update No. 48 (10/06) Statutes: Impersonating a Firefighter Did You Know?: Interpreters for the deaf Back to Basics: Custody & Miranda
Legal Update No. 47 (09/06) Statutes: Harboring a Fugitive; The Self-Defense Act; Sales of Ephedrine; Meth Reporting; Child Abuse Reporting Search & Seizure: LEIN Checks as a Search Did You Know?: Arrest of Parole Violators Back to Basics: Miranda requirements
Legal Update No. 46 (08/06) Statutes: Kidnapping; Unlawful Imprisonment; Human Trafficking OWI Law:Independent Chemical Tests; Criminal Procedure: Definition of ‘Firearm’ Did You Know?: Possession of Firearms by Non-Michigan Residents Back to Basics: Inventory Search Summary
Legal Update No. 45 (07/06) Statutes: Disorderly conduct at funerals; School lockdown drills; CPL expiration dates; Knock-and-announce Cases: Metabolized THC in OUID cases; Admissibility of 9-1-1 tapes; Consular notification; Plain smell; and Exculpatory Evidence
Legal Update No. 44 (06/06)
Statutes: Electronic monitoring of parolees; Replacement of license plates; Forfeiture, Display of emblems. Cases: Aiding and abetting; “Operate” defined; Accessory after the fact, Response to burglar alarms; Knock and announce; and Hot pursuit
Legal Update No. 43 (05/06) Hearsay exception – domestic violence; Disorderly conduct at funerals; Emergency exception to search warrant rule; Soliciting a minor using a computer; Minor possessing BB gun; Terry pat-down review; Cigarette butts as litter
Legal Update No. 42 (04/06)
Statutes: Gray market cigarettes; Truck speed limit – 60 mph; Phone & computer tampering; E-mail SOR notification; Police scanners; CPL Holders – pistols owned by others; Extension of expired CPL Cases: Consent search when suspect refuses; Anticipatory search warrants; Vision obstruction; Seizures while driving; OUIL law summary Attorney General Opinions:Machine guns; Child custody
Legal Update No. 41 (01/05) Identity Protection Act; Public Act 458 Statute of Limitations; Secretly obtaining another’s personal identification; Venue for prosecution of identity theft; Expansion of prohibited explosives law.
Legal Update No. 40 (10/04) Evidence obtained in violation of Miranda; First confession without warning may taint second confession; Venue for prosecution is where the crime occurred; Taser law amended; Hazing law created.
Legal Update No. 39 (08/04) Michigan adopts good faith exception; ID proceedings that occur prior to any adversarial judicial criminal proceeding; Knock and talk procedures and remaining in the home without consent; Mandated reporters and reporting suspected child abuse.
Legal Update No. 38 (07/04) False reports now include 911 operators; Urine can be considered a harmful substance for adulterated food charge; Perjury does not require proof of materiality; Eaves dropping statute amended; Carjacking statute rewritten; Armed Robbery statute rewritten; Unarmed Robbery rewritten; May arrest for OWI if have probable cause to believe subject operated under the influence.
Legal Update No. 37 (10/03) Emergency services providers may not detain an individual suspected of carrying a communicable disease; Officers may not initiate questioning when the Sixth Amendment is invoked; CSC fourth constitutes an assault for Home Invasion charges; District court judges may issue search warrants.
Legal Update No. 36 (09/03) OUIL/.08 Legislation-Public Act 61; Zero tolerance for certain controlled substances; Misconduct in office applies when a police officer acts with “corrupt purpose;” Uttering and publishing may include a copy of a document.
Legal Update No. 35 (08/03) False impersonation of a police officer statute rewritten; Registration violations are civil infractions; Assisting a subject does not automatically render liability; Statutory right to polygraph extends until the verdict; Eavesdropping charges may be brought against a subject who hides a camera in his own bedroom.
Legal Update No. 34 (07/03) Premeditation requires time for a second look; Officer’s subjective reason for searching; No VIN exception to the search warrant rule; Accident scenes and the Fifth Amendment; Misconduct in office; The exclusionary rule.
Legal Update No. 33 (05/03) Suppression of a confession; Felony Firearm Conviction; Indecent Exposure; Reasonable suspicion for a Terry Stop; Accidental dog bite by a police K-9.
Legal Update No. 32 (04/03) One count carjacking, two occupants; False police report may apply to false crime details; Charges for felony murder could be brought against a mother who left children in locked car; Forceful act must occur at the time of the taking for armed robbery; “Confessing to all charges would be in your best interest” is not a promise leniency; Zero tolerance violation may be used to enhance OUIL charge.
Legal Update No. 31 (03/03) Child sexually abusive material is rewritten: New definitions, New penalties; Operating a locomotive under the influence; CSC includes actions by teachers; Possession of counterfeit tax stamps for cigarettes requires knowledge that they are counterfeit.
Legal Update No. 30 (02/03) Conspiracy charges may still occur even if the police become involved; Statute on stun guns rewritten; Traffic stops may be based on reasonable suspicion and Officers do not have to “verbally” identify themselves; Possession of stolen car is a felony; CCW and DNR violations; Changes made in drug penalties.
Legal Update No. 29 (01/03) Statements obtained in violation of M.C.L. 764.27; Liability may occur where an officer makes an arrest after being insulted; Second warrant is needed to reenter property already searched; Raising an OUIL Causing Death to a charge of Second-Degree Murder; Receiving and concealing stolen property.
Legal Update No. 28 (09/02) Violation of 48-hour rule may lead to liability; Admissible evidence; Claiming defense of an unborn child; Sexual contact has been redefined; Mental Health official added to Criminal Sexual Conduct; Force requirement under CSC; Police officers allowed to carry certain weapons.
Legal Update No. 27 (08/02) Questioning during an OUIL investigation; Robbery charges require some type of force or violence; The “Castle Doctrine;” Open fields exception and protected curtilage; A prevailing claimant in a forfeiture action; Use of drugs is no defense to criminal activity unless it was a specific intent crime and the defendant had an unforeseeable reaction to medication or other legal substance.
Legal Update No. 26 (07/02) Resisting and obstructing, along with assault upon officers, now under new law MCL 750.81d; “Reasonable” assistance in locating witnesses for defense; What is needed for forceful entry into a house; Illegal possession of a controlled substance can be actual or constructive; The offense of Fleeing and Eluding does not require a certain speed or distance.
Legal Update No. 25 (06/02) Concealing or storing a stolen firearm can be considered a continuing offense; Reasonable suspicion is the proper standard for investigatory detentions; “Household” is an all-inclusive word for a family unit residing under one roof; Detainment for on-scene-identifications, or shows, may take such time that is reasonable.
Legal Update No. 24 (05/02) A bail Bondsmen can be liable for a false arrest; An inoperable vehicle is still considered mobile for the automobile exception to a search warrant; Soliciting minor for immoral purposes does not require knowledge of actual age; “New” procedures for search warrants; etc.
Legal Update No. 23 (03/02) Simple assault and battery becomes a 93 day misdemeanor; Domestic Relationships includes dating relationships; Officer may arrest for violation of personal protection orders issued from other states, Indian Tribes or United States Territory; It is not entrapment where the police do nothing more than present the defendant with the opportunity to commit the crime of which he was convicted;
Legal Update No. 22 (01/02) Charges of “felon in possession of firearm;” Authority of local officers deputized by the County Sheriff; Prisoners giving testimony in court cannot be shackled; Gross indecency; Proving the offense of “carrying a firearm while under the influence;” Felonious driving now applies to all places open to the general public.
Legal Update No. 21 (11/01) The “knock and talk” tactic is constitutional; The scope of consent; “No-Knock Warrant”; Euthanasia is not justifiable homicide; New Terrorism Legislation; Increased penalties for other violations.
Legal Update No. 20 (10/01) Legal impossibility is not a defense in Michigan; Increased penalties for Construction Zone Injuries; Increased penalties for traffic injuries to farm workers; An unauthorized driver of a rental car my have standing to challenge search; “Just shy of” reasonable suspicion to detain a motorist; “Assault Upon an Employee of a Place of Confinement”; Interest on returned forfeiture.
Legal Update No. 19 (08/01) Examining the exterior of an item without a search warrant; The crime a making a false police report; Lying does not constitute resisting and obstructing; Depositing money from a business transaction to a personal account; Sex Offender Registration includes youthful offenders; Delivery of controlled substance includes social sharing.
Legal Update No. 18 (07/01) Requirements when stopping CCW license holder; CCW Free Zones; Carrying “while under the influence”; Seizure of pistols; Notice of suspension; Impersonating an FIA worker; Assault upon FIA workers; Lacking knowledge of drug amount-no defense for a delivery charge, but may be a defense for a conspiracy charge.
Legal Update No. 17 (06/01) Thermal Imaging violates Fourth Amendment without search warrant; Rioting includes actions aimed at police officers; Entering a residence when it’s believed that a person within is in need of immediate help; Failure to look at officers-one factor to establish reasonable suspicion; A juvenile’s confession is admissible if the statement is voluntarily made.
Legal Update No. 16 (06/01) Failure to leave copy of affidavit; The “public safety” exception for Miranda; Felons in “possession of a firearm”; Statute of Limitations-Public Act 6 of 2001 MCL 767.24; Two parties drag racing-both are “involved” when an accident occurs.
Legal Update No. 15 (03/01) Uttering and publishing; Questioning a suspect after requesting an attorney; “Reasonable beliefs” to armed robbery; Unrecovered buy money; Knowing and voluntary waiver of Miranda rights; “Totality of the circumstances” in determining if a confession is admissible.
Legal Update No. 14 (02/01)Attorney/Client privileges; A “spiritual” therapist; Use of audio tape to identify a suspect; Restitution under Crime Victims Rights; Listening to cordless phone conversations is eavesdropping; Sixth Circuit upholds stalking statute; Reasonable detention of a suspect is constitutional.
Legal Update No. 13 (01/01) First degree murder for killing a police officer; Retreat from one’s porch; Pulling a telephone cord from the wall; Polygraph by a witness; Leaving a copy of an affidavit; Felony for training an animal to fight; CCW does not apply to double-edged knives.
Legal Update No. 12 (12/00) Officers must inform suspects that attorney is available; US Supreme Court invalidates drug checkpoints; Can be convicted of OUIL causing death and involuntary manslaughter; Obtaining blood results from hospital may invade doctor patient privilege; Absconding on a felony charge; PPO Violations; 1st degree murder for killing a police officer upheld.
Legal Update No. 11 (11/00) New law on sale of Nitrous Oxide; Increased penalties for Methamphetamine; Abandoned vehicles on trunklines; The authority of bordering states police officers; School officials can request vehicle info; Lawfully abandoning newborns; The smell of intoxicants may result in an investigatory detention; Gamma-Butyrolactone illegal for human consumption.
Legal Update No. 10 (10/00) Probable cause to issue a search warrant; Assault with intent to commit unarmed robbery is included in felony murder; Unarmed robbery charges; Statute of limitation when suspect lives in another state; Right to a jury for MIP trials; CSC 2nd degree.
Legal Update No. 09 (09/00) Investigative detention; Charges for leaving the scene of an accident; Sale of children; Felons in possession of body armor; Vulnerable adult fraud.
Legal Update No. 08 (08/00) Searching the casing surrounding the gear shift; Miranda rights; Mental anguish required for 1st Degree CSC; Warrantless arrest authority; Spousal privilege law change.
Legal Update No. 07 (06/00) Measuring the length of the truck; Incest charges under CSC; Vulnerable Adult Abuse; Third degree Child Abuse; Criminal activity on the Internet; PPO process.
Legal Update No. 06 (04/00) Privacy of luggage; Warrantless entry under exigent circumstances; Voluntariness; Admissible statements against a co-defendant; Removal of victim from life support; Plea bargaining statements.
Legal Update No. 05 (03/00) Anonymous call of man with a gun; Lying to a police officer; Felony firearms charges.
Legal Update No. 04 (02/00) The Odor of Marijuana, CCW Statute Violations, Statements Made to Third Parties, Anticipatory Search Warrants, Safety to Others
Legal Update No. 03 (01/00) Leaving the Scene of a Personal Injury Accident, Pandering, Fingerprints for DWLS 1st Offense, Child Abuse, Drug Free School Zones, Computer Crimes, Identity Fraud, Consuming Alcoholic Liquor on School Property, Statewide School Safety, Fleeing From Police
Legal Update No. 02 (12/99) Crime Scenes, Equal Protection, Escape, Use of Fake Warrant, 48 Hours, Gross Indecency, Resisting and Obstructing
Legal Update No. 01 (11/99) OUIL, Home Invasion, Sex Offender Registration