Archive for the ‘Uncategorized’ Category

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Informant and Tipster Identity

Lately, we have been receiving several inquires as to whether someone who is accused of a crime has a right to know the identity of an anonymous informant or tipster. Generally, the answer is no, there is no right or privilege to know the identity of an anonymous informant or tipster.  In Roviaro v. United […]

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Michigan’s Implied Consent Law

We have filed several Motions lately challenging blood tests on standard run of the mill Operating While Intoxicated stops. The reason is that the taking of blood is very invasive. The government is sticking a needle into your arm and drawing blood. Your blood might show an alcohol level but it also reveals so much […]

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U.S. Constitution Bill of Rights 4th Amendment: Still Alive!

Passengers in Vehicles Have 4th Amendment Rights! In April, your Michigan Supreme Court ruled that passengers in a vehicle enjoy 4th Amendment protection regarding their personal property in a landmark case, People v. Mead. Mead is a very important case and overturned long-standing Michigan case law to the contrary, see People v. LaBelle. In Mead, […]

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Obstruction by Disguise – False Name upon traffic stop

People v. Jackson Does providing a police officer a false name upon being stopped in a traffic violation constitute the violation of MCL 750.217, Obstruction by Disguise? On November 14,  1999, Michigan State Police stopped a vehicle for speeding.  The driver, Gregory Jackson, gave the officer his brother’s name. Unfortunately, his brother’s license was suspended […]

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Miranda Warnings: Know the Basics

The most common issue I am presented with in initial consultations are Miranda warnings. The Miranda warning is one of the most widely recited quotes in law enforcement (“You have the right to remain silent. Anything you say…” etc.), yet are probably the most widely misunderstood constitutional guarantees that American citizens have. Here are the […]

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Marijuana Decriminalization on the Horizon for Portage

In November 2015, Portage voters will have the opportunity to decriminalize small amounts of marijuana. If passed, no one can be charged under the city ordinance for any incident arising out of the “use, possession or transfer of less than 1 ounce of marijuana on private property not used by the public, or transportation of […]

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Reissuing of Miranda Rights?

Once in Police custody, every person is entitled to his or her Miranda Rights. Miranda Rights are in place to protect individuals from a violation of his or her Fifth Amendment right, which states that a person has a right to not incriminate him or herself. These rights protect individuals from being coerced into confessing […]

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Police Suggestive Identification

This blog will discuss suggestive pre-trial identification.  Photographic identification procedures can violate a defendant’s due process rights if they are so impermissibly suggestive as to give rise to a substantial likelihood of misidentification.  Police may provide an improper suggestion when a witness is shown only one person.  This is because the witness is tempted to […]

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What to do if the Court withholds favorable evidence?

I am asked all the time about “Brady Material” and what is a “Brady Violation” There was a recent case that discussed “Brady” so I am taking the opportunity to write about it.   In the case of Jefferson v. United States Court of Appeals, the defendant claimed that there was misconduct by the prosecutor […]

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