Legal Update No. 154 (06/2023)
Vehicle Code: Michigan Vehicle Code (MVC) amended to generally prohibit the use of a “mobile electronic device” while operating a motor vehicle and identify exemptions when the prohibition does not apply; School Bus: The Pupil Transportation Act (PTA) amended to prohibit unauthorized persons from entering a school bus without the bus driver’s permission; The PTA amended to prohibit a person from impeding the progress or operation of a school bus.
Legal Update No. 154 (06/2023)
Legal Update No. 153 (01/2023)
Search & Seizure: The smell of marihuana, standing alone, no longer constitutes probable cause to search for that substance; Vehicle Code: Violation for impeding traffic requires evidence the accused’s conduct actually affected the normal flow of traffic.
Legal Update No. 153 (01/2023)
Legal Update No. 152 (07/2022)
Statutes: The Youth Tobacco Act amended to prohibit the purchase or possession of tobacco products, vapor products, or alternative nicotine products by persons less than 21 years of age.
Legal Update No. 152 (07/2022)
Legal Update No. 151 (01/2022)
Statutes: Financial Exploitation Prevention Act enacted to require mandatory reporting by financial institutions when “covered financial exploitation” of a vulnerable adult is suspected, and to place notice, reporting, and confidentiality requirements on law enforcement.
Legal Update No. 151 (01/2022)
Legal Update No. 150 (01/2022)
Vehicle Code: Persons under the age of 21 may be prosecuted for operating a motor vehicle with the presence of marihuana in their system; Criminal Law: Ethnic intimidation based on gender includes harassing or intimidating another person because of the actual or perceived gender of that person.
Legal Update No. 150 (01/2022)
Legal Update No. 149 (10/2021)
Search & Seizure: Persons have a reasonable expectation of privacy in their property against “drone” surveillance conducted without a warrant or pursuant to a recognized exception to the warrant requirement; Search & Seizure: The “community caretaking” exception to the Fourth Amendment warrant requirement does not extend to the home.
Legal Update No. 149 (10/2021)
Legal Update No. 148 (09/2021)
Statutes: Code of Criminal Procedure amended to prohibit issuance of appearance tickets to a person arrested for an “operating while intoxicated” offense; Juvenile Law: Individuals who are 17 years of age to be treated as juveniles in criminal proceedings rather than automatically being treated as adults; Did You Know: The mere presence of an unidentified cocaine metabolite is insufficient to prove operation of a vehicle with the presence of “any amount” of cocaine in the body.
Legal Update No. 148 (09/2021)
Legal Update No. 147 (03/2021)
Statutes: The Code of Criminal Procedure amended to require persons arrested for certain misdemeanor and ordinance violations not exceeding 1-year in jail to be released from custody upon issuance and service of an appearance ticket; Vehicle Code: The Michigan Vehicle Code amended to eliminate the requirement to provide an audible signal when overtaking another vehicle.
Legal Update No. 147 (03/2021)
Legal Update No. 146 (12/2019)
Criminal Law: Mail and Mail Depository Protection Act enacted to add the crime of mail theft; Back to Basics: An officer may be liable for failing to intervene to prevent another officer from violating an individual’s constitutional rights.
Legal Update No. 146 (12/2019)
Legal Update No. 145 (11/2019)
Criminal Law: Statute criminalizing malicious use of a service provided by telecommunications service provider is a specific intent crime; Administrative Rules: Court stops enforcement of Administrative Rules involving retailers and resellers of vapor products and flavored nicotine vapor products; Did You Know: Natural Resources and Environmental Protection Act’s provisions on transporting, possessing, and carrying bows, crossbows, and slingshots were amended.
Legal Update No. 145 (11/2019)
Legal Update No. 144 (09/2019)
Statutes: The Youth Tobacco Act amended to prohibit the selling or giving to minors, and possession or purchase by minors, of vapor products and alternative nicotine products; Administrative Rules: Prohibited acts involving retailers and resellers of a vapor product or flavored nicotine vapor product; Back to Basics: Entry into residence for a warrantless misdemeanor arrest is not permitted unless a search warrant exception applies.
Legal Update No. 144 (09/2019)
Legal Update No. 143 (08/2019)
Forfeiture: Amendments to forfeiture provisions of the Controlled Substances Article of the Public Health Code; Criminal Procedure: Venue for a violation of MCL 750.317a (delivery of controlled substance causing death) is proper in the county where the delivery occurred.
Legal Update No. 143 (08/2019)
Legal Update No. 142 (07/2019)
Criminal Law: The Michigan Penal Code (MPC) amended to prohibit “cyberbullying”; The MPC amended to prohibit threats of violence with firearm, explosive, or other dangerous weapon against students or employees on school property or grounds.
Legal Update No. 142 (07/2019)
Legal Update No. 141 (06/2019)
Search and Seizure: Chalking tires pursuant to a parking enforcement policy is a search under the Fourth Amendment; Vehicle Code: The Michigan Vehicle Code (MVC) amended to prohibit taking security from a nonresident upon issuing a civil infraction; Back to Basics: A traffic stop based only on an insulting gesture is unlawful.
Legal Update No. 141 (06/2019)
Legal Update No. 140 (05/2019)
Search and Seizure: Consent to search property in a vehicle given by a driver who does not have actual or apparent authority over the property is invalid.
Legal Update No. 140 (05/2019)
Legal Update No. 139 (04/2019)
Vehicle Code: The Michigan Vehicle Code amended to require the Secretary of State to issue a vehicle identification number and certificate of title to an “assembled vehicle” under certain circumstances.
Legal Update No. 139 (04/2019)
Legal Update No. 138 (02/2019)
Vehicle Code: The Michigan Vehicle Code (MVC) amended to allow excessively wide snowplow blades without a special permit during certain months.
Legal Update No. 138 (02/2019)
Legal Update No. 137 (02/2019)
Vehicle Code: The Michigan Vehicle Code amended to require drivers to reduce speed by at least 10 mph below the speed limit when approaching certain stationary vehicles with flashing, rotating, or oscillating lights proceeding in the same direction.
Legal Update No. 137 (02/2019)
Legal Update No. 136 (01/2019)
Statutes: Pawnbrokers Act amended to establish process for law enforcement officials to place hold order on property claimed to be misappropriated.
Legal Update No. 136 (01/2019)
Legal Update No. 135 (11/2018)
Search and Seizure: An Electronic Insurance Verification (EIV) indicating no insurance provided reasonable suspicion for a traffic stop; Vehicle Code: The Michigan Vehicle Code (MVC) amended to require a three-foot distance when passing bicycles: Did You Know? It is illegal to use an “unmanned aircraft system” (UAS) to interfere with law enforcement and to commit certain other acts.
Legal Update No. 135 (11/2018)
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 physical movements.
Legal Update No. 134 (10/2018)
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. 133 (09/2018)
Legal Update No. 132 (8/2018)
Interview & Interrogation: 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.
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; 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.
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.
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.
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; Resisting and obstructing statute applies to reserve police officers; 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; Drivers may not be criminally punished for refusing to submit to a blood test based on legally implied consent to submit to them.
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; Amendments to the Firearms Act related to prohibited premises and individual concealed pistol license exemptions.
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; The inoperability of a pistol is no longer a valid affirmative defense to a charge of carrying a concealed weapon (CCW); 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 Victim’s 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; Code of Criminal Procedure amended to authorize conditional release of a person who submitted to a preliminary roadside analysis under certain circumstances when a subsequent chemical test is pending.
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 rifle 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 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 Michigan Penal Code amended to include restrictions on transporting usable marihuana in or upon a motor vehicle; The definition section of the Michigan Medical Marihuana Act was amended, including provisions for growing marihuana plants outdoors.
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 the 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; Michigan Penal Code amended to make it a crime to lie or conceal material facts from a peace officer conducting certain criminal investigations.
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.
Legal Update No. 87 (07/11)
Search and Seizure: Age must be considered when determining whether to give Miranda warnings to a juvenile suspect; Vehicle Code: Moving violations in school bus zones.
Legal Update No. 86 (10/10)
Firearms Law
Legal Update No. 85 (08/10)
Criminal Law: Prohibited Use of Tracking Devices; Downloading child pornography on a CDR does not automatically mean “manufacturing”; Searching for child pornography on the Internet may be possession; 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 Health 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: Inevitable discovery and suppression of OWI blood test results; Back-to-Basics: Hot pursuit exception to the search warrant requirement.
Legal Update No. 80 (06/09)
DNA Law: DNA Samples must be collected at arrest for certain violent felonies; There is no Constitutional right to have post-conviction DNA testing of evidence held by the government.
Legal Update No. 79 (06/09)
Criminal Procedure: Police-initiated interrogation after appointment of counsel.
Legal Update No. 78 (04/09)
Criminal Law: Administrative rules governing medical marihuana; Criminal Procedure: Search warrant statute amended to allow warrants to search for wanted persons.
Legal Update No. 77 (04/09)
Criminal Procedure: Search Incident to Arrest Rules Limited; Officers may no longer automatically search a vehicle incident to the arrest of an occupant.
Legal Update No. 76 (04/09)
Criminal Law: Catalytic Converters added to larceny from a motor vehicle statute; Criminal Procedure: Duty of police to disclose exculpatory evidence to Prosecutor.
Legal Update No. 75 (04/09)
Criminal Law: Nonferrous metal regulatory act.
Legal Update No. 74 (03/09)
Criminal Law: Leaving an unattended child in a vehicle.
Legal Update No. 73 (03/09)
Firearms Law: Certificates for concealed carry by retired law enforcement officers.
Legal Update No. 72 (02/09)
Vehicle Code: Approaching or passing certain maintenance or utility vehicles; DNA Law: Requirement to provide adequate sample.
Legal Update No. 71 (01/09)
Firearms Law: Multiple sections of the Firearms Act amended.
Legal Update No. 70 (12/08)
Firearms Law: Safety inspection requirement eliminated; Criminal Law: MCL 750.66 & MCL 750.66a Dog bite reporting requirements.
Legal Update No. 69 (12/08)
Criminal Law: MCL 333.26421 – MCL 333.26430 Michigan Medical Marihuana Act.
Legal Update No. 68 (10/08)
Search & Seizure: A canine sniff of the exterior of a house is not a search; Did You Know? Licenses do not expire on weekends or holidays; Back-to-Basics: Officer safety concerns alone cannot legally justify a pat down.
Legal Update No. 67 (06/08)
Vehicle Code: MCL 257.710e Booster seats now require; Criminal Law: CL 750.520a – MCL 750.520e List of prohibited actors expanded in criminal sexual conduct statutes.
Legal Update No. 66 (06/08)
Statutes: MCL 750.110 & MCL 750.111 Shipping containers now protected by breaking & entering and illegal entry statutes; MCL 750.50 Animal abuse now punished according to the number of victim-animals: Back-to-Basics: Firearms-related frequently raised issues.
Legal Update No. 65 (06/08)
Statutes: MCL 338.821 – 338.851 Professional Investigator Licensure Act; Criminal Law: A person may be convicted of interfering with a crime report even if the reported crime cannot be proven.
Legal Update No. 64 (04/08)
Search & Seizure: The arrest of a passenger justifies a search of a vehicle incident to arrest; Use of e-mail to commit a crime may support a warrant to search the home of the e-mail address owner.
Legal Update No. 63 (03/08)
Vehicle Code: List of prohibited visual displays in a vehicle expanded and clarified; Back-to-Basics: Tampering with witnesses or evidence.
Legal Update No. 62 (02/08)
Criminal Procedure: A child may have the capacity to be conscious of his own impending death for purposes of a dying declaration; Search & Seizure: Lawful searches of vehicles incident to arrest include locked glove boxes.
Legal Update No. 61 (12/07)
Criminal Procedure: Drug field tests admissible at preliminary examinations; Attorney General Opinion: Michigan driver’s licenses may not be issued to illegal aliens; Back-Basics: Border search exception to the search warrant requirement.
Legal Update No. 60 (12/07)
Vehicle Code: Signaling a lane change is required by the Michigan Vehicle Code; Criminal Law: The elements of felony nonsupport include proof of notice; Did You Know? Implied consent hearings are limited in scope.
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