Marijuana, Mushrooms, a Gun and a Bad Search

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The court ruled to suppress the evidence (namely an alleged handgun, suspected marihuana, suspected psilocybin mushrooms) due to the fact that the People failed to rebut the burden that the warrantless search was unconstitutional and/or failed to provide evidence that an exception to the Search Warrant requirement existed at the time of the search and seizure.

The People filed a Motion for Reconsideration of Order Granting Defendant’s Motion to Suppress Evidence.

A motion for reconsideration must demonstrate a “palpable error by which the court and the parties have been misled and show that a different disposition of the motion must result from correction of the error.” Charbeneau v Wayne Co Gen Hosp, 158 Mich App 730, 733; 405 NW2d 151, 153 (1987).

The People presented evidence from the transcript to again attempt to rebut the burden regarding the warrantless search being unconstitutional and/or provide evidence that an exception to the Search Warrant requirement existed.

The People sited to the testimony of Deputy Tath who stated the Defendant consented, and listed the items that were seized – “I seized suspected marijuana, suspected psilocybin mushrooms, and I believe a handgun.” The issue with this testimony being the People’s evidence does not present a timeline for when consent was given.

The People have the burden to establish Defendant’s consent to search before any evidence could lawfully be seized as an exception to the warrant requirement, the failure by the People to establish that specific timeline was fatal to the People’s argument.

Therefore, the Prosecution has not convinced the Court that the prior Order of the Court was palpable error.

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