Category Archives: Immunity
Four Kent County, Michigan Officers Arrested for Marijuana; Problems with the Michigan Medical Marihuana Act
Michigan Marijuana Prosecutions of Four Kent County Officers Four Corrections Officers with the Kent County Sheriff’s Department have been arrested for Marijuana charges following an investigation that began with postal service workers suspicions about a package in the mail. USPS workers contacted the Kent Area Narcotics Enforcement Team to report a suspicious package which, as […]
[Read More]MICHIGAN SUPREME COURT TAKES A STEP TOWARD RIGHTING THE SHIP ON DRUGGED DRIVING LAWS. A COMMENT ON PEOPLE V. COON AND THE MICHIGAN MEDICAL MARIJUANA ACT
In People v. Koon, the Michigan Supreme Court unanimously held that, under the Michigan Medical Marihuana Act (MMMA), a qualifying patient may not be arrested or prosecuted for the medical use and internal possession of marijuana while driving if possession does not exceed 2.5 ounces. However, if the defendant is shown to have been under […]
[Read More]SIXTH CIRCUIT DENIES QUALIFIED IMMUNITY FOR POLICE WHO VIOLATE ESTABLISHED CONSTITUTIONAL PROTECTIONS
The U.S. Sixth Circuit Court of Appeals addressed a case involving the qualified immunity of police officers. Donnetta Smith v. Stoneburner was released on May 10, 2013. Charles Smith shoplifted a $14.99 phone charger and two police officers visited his home. While arresting him, the officers entered the house twice without a warrant. Police then […]
[Read More]MICHIGAN SUPREME COURT RULES THAT ALL MEDICAL MARIJUANA DISPENSARIES ARE ILLEGAL
Last week the Supreme Court released one of the most significant opinions to date on the Michigan Medical Marihuana Act (MMMA). In State of Michigan v. McQueen, the Court determined all medical marijuana dispensaries are illegal and may be enjoined as nuisances because such businesses facilitate patient-to-patient transfers of marijuana. The Attorney General of Michigan’s […]
[Read More]Michigan Courts Continue to Provide new Interpretations of the Michigan Medical Marijuana Act.
In People v. Agro, the Court of Appeals addressed another affirmative defense case under the Michigan Medical Marihuana Act (MMMA). The unpublished decision was released January 22, 2013. Last year, the Michigan Supreme Court released Kolanek, which clarified the nature and scope of the MMMA. Section 4 of the act gives broad immunity to arrest, […]
[Read More]Michigan Criminal Law – Federal Court Rules Police Can Gain Access to Password-Protected Computer Information
Ramona Fricosu, a Colorado woman, was charged with bank fraud, wire fraud, and money laundering for her part in an alleged mortgage scam. During a raid on her home, law enforcement officers seized a laptop computer. Detectives want access to documents on that computer, but the data is encrypted by a password. Prosecutors took the […]
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