Can police extend a traffic stop to search the vehicle with a dog? No, unless a police officer has a reasonable, articulable suspicion of criminal activity; a police officer cannot extend a traffic stop beyond the time necessary to address the traffic violation that is the basis for the traffic stop. That seems easy enough to say, but what does it mean in the real world?
The Michigan Court of Appeals just addressed this issue in a published case that was released on July 6, 2017: People v Kavanaugh, Mich App, Case (more…)
I’ve been asked whether a marijuana roach counts in the weight allowance under the Michigan Medical Marijuana Act.
A marijuana roach is the unsmoked, left-over end of a marijuana joint, blunt, or cigarette. And, yes, marijuana roaches contain useable marijuana that can be smoked and do count towards the weight allowance under the Michigan Medical Marijuana Act. That’s why marijuana smokers save the roaches, right? If there isn’t any useable marijuana in the roach, why save it? Why not just throw it in the trash or flush it? (more…)
In 2006, Michigan passed the Self-Defense Act, which governs when an individual can, and cannot, use deadly force against another individual. Pursuant to the Act:
(1) An individual who has not or is not engaged in the commission of a crime at the time he or she uses deadly force may use deadly force against another individual anywhere he or she has the legal right to be with no duty to retreat if either of the following applies: (more…)
LEGAL STANDARDS FOR CHANGE IN CUSTODY OR PARENTING TIME PART III – WHAT ARE THE CHILD CUSTODY FACTORS?
If the court has determined that the facts of your case constitute either a change in circumstances or proper cause sufficient to re-examine the custodial environment (or parenting time) of your child, and the court has determined whether there (more…)
LEGAL STANDARDS FOR CHANGE IN CUSTODY OR PARENTING TIME PART II – WHAT IS AN ESTABLISHED CUSTODIAL ENVIRONMENT?
If you have been able to prove to the court that there is a change in circumstances or proper cause sufficient to re-examine the custody or parenting time for your child, the Court will then need to establish whether your child has an established custodial environment. This is an important step because it establishes the burden of (more…)