Public Health Code amended to eliminate forfeiture bond requirements
Public Act 418 of 2016 amended MCL 333.7523(1)(c) of the Public Health Code to eliminate the requirement that a person post a cash bond in order to file a written claim expressing an interest in property that is the subject of a forfeiture notice required by MCL 333.7523(1)(a). All other provisions in MCL 333.7523(1)(c) were unchanged.
Officers are reminded that the written claim must be signed by the claimant and must be filed within 20 days after receipt of the forfeiture notice or of the date of the first publication of the forfeiture notice with the local unit of government that seized the property or the state, if the property was seized by the state.
Act No. 418
Public Acts of 2016
Approved by the Governor
January 3, 2017
Filed with the Secretary of State
January 4, 2017
EFFECTIVE DATE: April 4, 2017
STATE OF MICHIGAN
98TH LEGISLATURE
REGULAR SESSION OF 2016
Introduced by Rep. Lucido
ENROLLED HOUSE BILL No. 4629
AN ACT to amend 1978 PA 368, entitled “An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,” by amending sections 7523 and 7524 (MCL 333.7523 and 333.7524), section 7523 as amended by 2006 PA 130 and section 7524 as amended by 2011 PA 161.
The People of the State of Michigan enact:
Sec. 7523. (1) If property is seized under section 7522, forfeiture proceedings shall be instituted promptly. If the property is seized without process under section 7522, and the total value of the property seized does not exceed $50,000.00, the following procedure shall be used:
(a) The local unit of government that seized the property or, if the property was seized by this state, the state shall notify the owner of the property that the property has been seized, and that the local unit of government or, if applicable, the state intends to forfeit and dispose of the property by delivering a written notice to the owner of the property or by sending the notice to the owner by certified mail. If the name and address of the owner are not reasonably ascertainable, or delivery of the notice cannot be reasonably accomplished, the notice shall be published in a newspaper of general circulation in the county in which the property was seized, for 10 successive publishing days.
(b) Unless all criminal proceedings involving or relating to the property have been completed, the seizing agency shall immediately notify the prosecuting attorney for the county in which the property was seized or, if the attorney general is actively handling a case involving or relating to the property, the attorney general of the seizure of the property and the intention to forfeit and dispose of the property.
(c) Any person claiming an interest in property that is the subject of a notice under subdivision (a) may, within 20 days after receipt of the notice or of the date of the first publication of the notice, file a written claim signed by the claimant with the local unit of government or the state expressing his or her interest in the property. Upon the filing of the claim, the local unit of government or, if applicable, this state shall transmit the claim with a list and description of the property seized to the attorney general, the prosecuting attorney for the county, or the city or township attorney for the local unit of government in which the seizure was made. The attorney general, the prosecuting attorney, or the city or township attorney shall promptly institute forfeiture proceedings after the expiration of the 20-day period. However, unless all criminal proceedings involving or relating to the property have been completed, a city or township attorney shall not institute forfeiture proceedings without the consent of the prosecuting attorney or, if the attorney general is actively handling a case involving or relating to the property, the attorney general.
(d) If no claim is filed within the 20-day period as described in subdivision (c), the local unit of government or this state shall declare the property forfeited and shall dispose of the property as provided under section 7524. However, unless all criminal proceedings involving or relating to the property have been completed, the local unit of government or the state shall not dispose of the property under this subdivision without the written consent of the prosecuting attorney or, if the attorney general is actively handling a case involving or relating to the property, the attorney general.
(2) Property taken or detained under this article is not subject to an action to recover personal property, but is deemed to be in the custody of the seizing agency subject only to this section or an order and judgment of the court having jurisdiction over the forfeiture proceedings. When property is seized under this article, the seizing agency may do any of the following:
(a) Place the property under seal.
(b) Remove the property to a place designated by the court.
(c) Require the administrator to take custody of the property and remove it to an appropriate location for disposition in accordance with law.
(d) Deposit money seized under this article into an interest-bearing account in a financial institution. As used in this subdivision, “financial institution” means a state or nationally chartered bank or a state or federally chartered savings and loan association, savings bank, or credit union whose deposits are insured by an agency of the United States government and that maintains a principal office or branch office located in this state under the laws of this state or the United States.
(3) Title to real property forfeited under this article shall be determined by a court of competent jurisdiction. A forfeiture of real property encumbered by a bona fide security interest is subject to the interest of the secured party who neither had knowledge of nor consented to the act or omission.
(4) An attorney for a person who is charged with a crime involving or related to the money seized under this article shall be afforded a period of 60 days within which to examine that money. This 60-day period begins to run after notice is given under subsection (1)(a) but before the money is deposited into a financial institution under subsection (2)(d). If the attorney general, prosecuting attorney, or city or township attorney fails to sustain his or her burden of proof in forfeiture proceedings under this article, the court shall order the return of the money, including any interest earned on money deposited into a financial institution under subsection (2)(d).
Sec. 7524. (1) When property is forfeited under this article, the local unit of government that seized the property may do any of the following, or if the property is seized by or in the custody of this state, the state may do any of the following, subject to section 7523(1)(d):
(a) Retain the property for official use.
(b) Sell the property that is not required to be destroyed by law and that is not harmful to the public. The proceeds and any money, negotiable instruments, securities, or any other thing of value as described in section 7521(1)(f) that are forfeited under this article shall be deposited with the treasurer of the entity having budgetary authority over the seizing agency and applied as follows:
(i) For the payment of proper expenses of the proceedings for forfeiture and sale, including expenses incurred during the seizure process, maintenance of custody, advertising, and court costs, except as otherwise provided in subsection (4).
(ii) The balance remaining after the payment of expenses shall be distributed by the court having jurisdiction over the forfeiture proceedings to the treasurer of the entity having budgetary authority over the seizing agency. If more than 1 agency was substantially involved in effecting the forfeiture, the court having jurisdiction over the forfeiture proceeding shall equitably distribute the money among the treasurers of the entities having budgetary authority over the seizing agencies. A seizing agency may direct that the funds or a portion of the funds it would otherwise have received under this subsection be paid to nonprofit organizations whose primary activity is to assist law enforcement agencies with drug-related criminal investigations and obtaining information for solving crimes. The money received by a seizing agency under this subparagraph and all interest and other earnings on money received by the seizing agency under this subparagraph shall be used only for law enforcement purposes, as appropriated by the entity having budgetary authority over the seizing agency. A distribution made under this subparagraph shall serve as a supplement to, and not a replacement for, funds otherwise budgeted for law enforcement purposes.
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EHB 4629
(c) Require the administrator to take custody of the property and remove it for disposition in accordance with law.
(d) Forward it to the bureau for disposition.
(2) Notwithstanding subsection (1), this state or local units of government may donate lights for plant growth or scales forfeited under this article to elementary or secondary schools or institutions of higher education that request in writing to receive those lights or scales under this subsection, for educational purposes. This state or local units of government shall donate lights and scales under this subsection to elementary or secondary schools or institutions of higher education in the order in which the written requests are received. This state or local units of government may limit the number of lights and scales available to each requestor.
(3) In the course of selling real property under subsection (1)(b), the court that has entered an order of forfeiture may, on motion of the agency to whom the property has been forfeited, appoint a receiver to dispose of the real property forfeited. The receiver is entitled to reasonable compensation. The receiver has authority to do all of the following:
(a) List the forfeited real property for sale.
(b) Make whatever arrangements are necessary for the maintenance and preservation of the forfeited real property.
(c) Accept offers to purchase the forfeited real property.
(d) Execute instruments transferring title to the forfeited real property.
(4) If a court enters an order of forfeiture, the court may order a person who claimed an interest in the forfeited property under section 7523(1)(c) to pay the expenses of the proceedings of forfeiture to the entity having budgetary authority over the seizing agency.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
AN INITIATION of Legislation to allow under state law the medical use of marihuana; to provide protections for the medical use of marihuana; to provide for a system of registry identification cards for qualifying patients and primary caregivers; to impose a fee for registry application and renewal; to make an appropriation; to provide for the promulgation of rules; to provide for the administration of this act; to provide for enforcement of this act; to provide for affirmative defenses; and to provide for penalties for violations of this act.
Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; privilege from arrests; presumption; compensation; physician subject to arrest, prosecution, or penalty prohibited; marihuana paraphernalia; person in presence or vicinity of medical use of marihuana; registry identification card issued outside of department; sale of marihuana as felony; penalty; marihuana-infused product.
Registered qualifying patient or registered primary caregiver; arrest, prosecution, or penalty, or denial of right or privilege prohibited; conditions.
AN ACT to license and regulate medical marihuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities; to provide for the powers and duties of certain state and local governmental officers and entities; to create a medical marihuana licensing board; to provide for interaction with the statewide monitoring system for commercial marihuana transactions; to create an advisory panel; to provide immunity from prosecution for marihuana-related offenses for persons engaging in marihuana-related activities in compliance with this act; to prescribe civil fines and sanctions and provide remedies; to provide for forfeiture of contraband; to provide for taxes, fees, and assessments; and to require the promulgation of rules.
History: 2016, Act 281, Eff. Dec. 20, 2016 Compiler’s Notes: Enacting section 2 of Act 281 of 2016 provides:”Enacting section 2. The legislature finds that the necessity for access to safe sources of marihuana for medical use and the immediate need for growers, processors, secure transporters, provisioning centers, and safety compliance facilities to operate under clear requirements establish the need to promulgate emergency rules to preserve the public health, safety, or welfare.”
PART 8. MARIHUANA ADVISORY PANEL (333.27801…333.27801)
MARIHUANA TRACKING ACT
Act 282 of 2016
AN ACT to establish a statewide monitoring system to track marihuana and marihuana products in commercial trade; to monitor compliance with laws authorizing commercial traffic in medical marihuana; to identify threats to health from particular batches of marihuana or medical marihuana; to require persons engaged in commercial marihuana trade to submit certain information for entry into the system; to provide the powers and duties of certain state departments and agencies; to provide for remedies; and to provide for the promulgation of rules.
Statewide monitoring system; use as integrated marihuana tracking, inventory, and verification system; requirements; rules; bids; violation; termination of contract.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Medical Marihuana: The protections of the Michigan Medical Marihuna 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.
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.
Criminal Law: Michigan law prohibiting begging in a public place is unconstitutional; Back-To-Basics Hot pursuit exception to search warrant requirement.
Criminal Law: Michigan Penal Code and Firearms Act amended to allow for possession and reasonable use of Tasers by Michigan Concealed Pistol License holders.
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.
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.
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.
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
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
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
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.
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
Statutes: Sex Offenders Registration Act amendments; the tier system; the reporting requirements; homeless offenders; employee definition includes volunteers; non-residents; penalties.
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
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
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
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
Criminal Procedure: Drug field tests admissible at prelims Attorney General Opinion: Illegal aliens and driver’s licenses Back to Basics: Border searches
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
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
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
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
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
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
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
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
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
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
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
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.
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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.
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;
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
Searching the casing surrounding the gear shift; Miranda rights; Mental anguish required for 1st Degree CSC; Warrantless arrest authority; Spousal privilege law change.
Measuring the length of the truck; Incest charges under CSC; Vulnerable Adult Abuse; Third degree Child Abuse; Criminal activity on the Internet; PPO process.
Privacy of luggage; Warrantless entry under exigent circumstances; Voluntariness; Admissible statements against a co-defendant; Removal of victim from life support; Plea bargaining statements.
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
April 6, 2015 – A former Grand Rapids Michigan doctor identified as Gregory Kuldanek who certified some patients and caregivers for medical marijuana cards without in-person evaluations will be sentenced Monday, April 6, in federal court.
Kuldanek pled guilty to conspiracy to manufacture fewer than fifty marijuana plants.
Some excerpts from the article state…
“As part of a plea deal, “at great risk to himself,” he provided testimony against the leaders of an organization that was growing marijuana at various places in West Michigan, his attorney, Kelly Lambert III, said in a sentencing memorandum. Kuladanek testified against Betty Jenkins and Phillip Walsh and his cooperation likely led others to enter pleas.” “Assistant U.S. Attorney Mark Courtade asked that U.S. District Judge Paul Maloney depart from sentencing guidelines because Kuldanek provided substantial assistance to the prosecution.”
“Kuldanek, 58, who had no prior criminal history, has moved to Palm Springs, Calif., with his life partner, a medical assistant. Kuldanek had focused on treating patients with HIV and AIDS. He is unemployed, and is uncertain if his medical license will be taken. He met patients through Jenkins and “actually believed that the patients were in need of medical marijuana for pain relief related to the various medical conditions that they presented with,” Lambert wrote. After a while, Dr. Kuldanek began to rely upon Ms. Jenkins’s word that a particular individual was in need of medical marijuana and that the patient, for whatever reason, was unable to make it to Dr. Kuldanek’s office for an examination,” Lambert wrote.”
Kuldanek began meeting prospective patients at restaurants and other places. Kuldanek admitted he knew that an in-person exam was required.
Police claimed 467 plants and 18 pounds of processed marijuana were seized from the case.
I wanted to give a huge thanks to University of Michigan Law School Professors Howard Bromberg, Mark Osbeck and Law School class.
This past Thursday I had the honor of being asked to speak about my favorite topics, the Michigan Medical Marihuana Act and the practice of Law. The discussion and questions were lively and I appreciate the interest the class had in this developing area of law in Michigan.
Thank you so much for the opportunity and the very enjoyable afternoon.
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