Summary:Komorn Law has won another case in Circuit Court. The Judge suppressed the 26 pounds of marijuana of evidence seized following a traffic stop and then lead to the dismissal of the case. The police conducted an unlawful inventory search, contrary to the police department’s established procedures.
Circuit Court Opinion of the Month: Unlawful Inventory Search The Honorable Julie A. O’Neill, of the 56A Judicial District Court, in May suppressed evidence seized following a traffic stop and then dismissed the case.
Judge O’Neill found that police conducted an unlawful inventory search, contrary to the police department’s established procedures, and, pursuant to People v. Toohey, 438 Mich. 265; 475 N.W.2d 16 (1991), the improperly seized evidence had to be suppressed.
Once the evidence was suppressed, there was no evidence to support bindover to circuit court, so the case was dismissed. The defendant was stopped by Potterville Police Chief Barry for speeding and improper use of a turn signal. The defendant did not have on his person his driver’s license, but subsequent investigation revealed that the defendant was properly licensed and had no outstanding warrants.
Chief Barry, upon approaching the pickup truck, saw a black plastic trash bag on the passenger seat; the Chief, who later testified he could smell marijuana, asked the driver multiple times about the contents of the bag; the defendant replied that it was trash.
The defendant also replied that he had some marijuana wax in his possession. Backup arrived, and the defendant was told to exit the vehicle; he complied and then locked it. He consented to a search of his person but declined a request by police to search the truck.
The driver was handcuffed and placed into the Chief’s vehicle. Officers looked through the windows of the pickup and noticed another plastic trash bag in the behind the seats, as well as a smaller plastic bag with a leafy, green substance visible.
The Chief called a prosecutor, who advised that an arrest could be made for the misdemeanor of not having a license in his possession. The driver was arrested. Later, 6 Criminal Defense Newsletter June 2021 during a search of the pickup truck, just over 26 pounds of marijuana was found.
The defendant challenged the arrest as illegal because, he argued, he constructively possessed his license. His wife was able to text a photo of the license, which Chief Barry was able to observe.
Judge O’Neill rejected that argument and held that the statute, M.C.L. 257.311, expressly requires a driver to have an operator’s license “in his or her immediate possession at all times.”
The defendant also challenged the inventory search as illegal, and Judge O’Neill, as noted above, agreed. The Toohey case requires that inventory searches be conducted “in accordance with established departmental procedures … and must Reports and Studies not be used as a pretext for criminal investigation.”
Judge O’Neill rejected the prosecution arguments, which included that police had probable cause to search due to either plain-view or the automobile exception.
AP) — Judges can’t prevent people from using medical marijuana while on probation for a crime, the Michigan Court of Appeals said.
Anyone holding a state-issued medical marijuana card is immune to possible penalties, the appeals court said, 3-0.
The court, however, cautioned that the decision does not apply to the recreational use of marijuana, which was approved by voters in 2018.
Michael Thue was barred from using medical marijuana while on probation for a year in a road rage incident in the Traverse City area. A District Court judge said the marijuana ban was the policy of Circuit Court judges in Grand Traverse County.
Circuit Judge Thomas Power declined to hear an appeal.
The appeals court said Power made the wrong call, based on a line of decisions from the Michigan Supreme Court and the language of the medical marijuana law.
The law “preempts or supersedes ordinances and statutes that conflict” with it, said judges Mark Cavanagh, Deborah Servitto and Thomas Cameron.
The Attorney
Medical marijuana patients have had their doctor recommended use of cannabis while on probation in limbo for a long time.
As many battles for marijuana patients, caregivers and business clients represented by the Komorn Law Firm loom in the background – a decision has been made to set the tone for future cases involving those on probation.
Since the 1970s the college town of Ann Arbor has enacted some of the most lenient laws on cannabis possession in the United States. These include a 1972 city council ordinance, a 1974 voter referendum making possession of small amounts a civil infraction subject to a small fine, and a 2004 referendum on the medical use of cannabis. Since state law took precedence over municipal law, the far-stricter state cannabis laws were still enforced on University of Michigan property.
In November 2008, the Michigan Compassionate Care Initiative (appearing on the ballot as Proposal 1) was approved by Michigan voters.[3] The measure allowed patients with a physician’s recommendation to possess up to 2.5 ounces of cannabis for treatment of certain qualifying medical conditions.[4] Although it did not explicitly allow dispensaries to operate,[5] it did allow patients or their caregivers to cultivate up to 12 cannabis plants.[4] The measure faced opposition from law enforcement officials and drug czar John P. Walters,[6] but it was ultimately approved by a 63–37 margin, making Michigan the 13th state to legalize medical use and the first Midwestern state to do so.[7]
In February 2013, the Supreme Court of Michigan ruled that the 2008 initiative did not allow for the operation of medical cannabis dispensaries in the state. An estimated 75 to 100 dispensaries were operating under this legal gray area at the time.[8]
In September 2016, Gov. Rick Snyder signed a package of bills that among other reforms: (a) allowed the operation and regulation of medical cannabis dispensaries; (b) set a taxation rate of 3% on medical cannabis; and (c) allowed the use of non-smokable forms such as topicals and edibles.[9][10][11]
In November 2017, legalization proponents submitted 365,000 signatures to put a cannabis legalization measure on the 2018 ballot.[12] In April 2018, it was certified that supporters had turned in the requisite number of valid signatures.[13] In June 2018, state lawmakers declined the option to pass the measure themselves, sending it to the November ballot.[14] On November 6, 2018, Michigan voters approved Proposal 1 by a 56–44 margin, making Michigan the 10th state (and first in the Midwest) to legalize cannabis for recreational use.[15]
The Michigan Regulation and Taxation of Marihuana Act allows persons age 21 and over to possess up to 2.5 ounces of cannabis in public, up to 10 ounces at home, and cultivate up to 12 plants at home.[16] It also sets up a system for the state-licensed cultivation and distribution of cannabis, with sales subject to a 10% excise tax (in addition to the state’s 6% sales tax).[15] The law went into effect on December 6, 2018,[17] and the first dispensaries opened to the public on December 1, 2019.[18]
Source for above information: https://en.wikipedia.org/wiki/Cannabis_in_Michigan
Court Cases During The Early Medical Marijuana Years That Helped Shape The Current Laws in Michigan
Many things have changed and Marijuana legalization was voted by the people of Michigan in 2018. For Current information go to the Marijuana Regulatory Agency (MRA) website
CRIMINAL DEFENSE For over 27 years Komorn Law has been a trusted adviser providing results-focused legal counsel to its clients in all areas of criminal defense. From the first encounter with law enforcement to districts courts all the way to the supreme court. We are advocates of our clients’ rights in cases involving marijuana, drugged driving, DUI, criminal charges, as well as many other case types.
CANNABIS BUSINESS LICENSING AND LEGAL COUNSEL If you are starting or have an established Cannabis Business in Michigan. Komorn Law has the legal team you will need. With a 100% success rate in licensing our firm offers legal counsel services with connections and assets in the world’s leading and most refined cannabis industry network.
DISCLAIMER This post may contain re-posted content, opinions, comments, ads, third party posts, outdated information, posts from disgruntled persons, posts from those with agendas and general internet BS. Therefore…Before you believe anything on the internet regarding anything – do your research on Official Government and State Sites, Call the Michigan State Police, Check the State Attorney General Website and Consult an Attorney – Use Your Brain.
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