Marijuana smell still enough for traffic stop in Michigan.

In Michigan the smell of marijuana alone is probable cause to search. Although the officer conducting the investigation must articulate his familiarity with the odor of marijuana. Clearly, the justification for the search is the fact that possession or use of marijuana in Michigan is a crime and constitutes criminal activity. However, the law is rapidly changing after the citizens of Michigan passed legislation legalizing medical use of marijuana for people stricken with diseases and chronic pain. The number of people possessing and applying for medical marijuana licenses in Michigan is staggering. Citizens legally possessing  medical marijuana could be subjected to violations of their  Fourth Amendment right against unreasonable search and seizure. Although, marijuana is still illegal under federal law. In Michigan odor of marijuana is still probable cause to search until the law is changed.

The French should be upset with treatment of IMF chief.

In the United States we like to brag about the presumption of innocence in criminal cases. However, to the French people the treatment of Dominique Strauss-Kahn gives a completely different impression of our judicial system. The media has continually flashed photos of the handcuffed Strauss-Kahn being led to court. Although the IMF chief alleges he acted with consent, the media is reporting results of DNA tests results as well as facts relating to the alleged assault. The pretrial publicity surrounding the case certainly could make it difficult to find non bias jury. Whether he is guilty or innocent is for a jury to decide based upon the evidence presented to an impartial jury not the court of public opinion.

Do I have to sue my friend for injuries I received in an auto accident?

A common dilemma that arises after an auto accident is whether the passenger, who sustains serious injuries, will have to sue their friend or relative that caused the accident. In most cases the passenger will not have to sue. Under The  Michigan No Fault Act, vehicle owners are required to have insurance. If an owner operates without insurance it is a crime. Assuming the driver of the car has insurance, the insurance company has to step into the shoes of the policy holder and pay fair compensation for the victim's pain and suffering. Certainly, there could be disputes about the value of the claim or the severity of the injuries, and that could lead to a lawsuit. But  the claim's value will be argued and negotiated between your lawyer and the insurance company. Policy limits could also be an issue.  The person that caused the accident  should care about the victim's well being. Additionally, the vehicle owner paid for a policy of insurance that is required to compensate victims of their negligence. The bottom line is that if the injured person has a valid claim, they most likely will not be suing their friend or relative that caused the accident.

Does my insurance company have a lien against my accident settlement?

I refer to this situation as the subrogation dilemma. The answer is complicated and depends upon what type of insurance you have, and what type of claim you have settled. For instance, under the Michigan No-Fault Act, your auto insurance company does not have any right to a lien on your 3rd party settlement for pain and suffering. This is largely because your settlement is for non-economic damages. Additionally, Michigan requires you to have auto insurance under the law. However, in the case of Medicare, they are entitled, by federal law, to reimbursement of past medical expenses when a beneficiary has recovered money from a different source. For instance,  if a recipient of benefits, slips and falls on defective property, medicare expects to get reimbursed for it's medical bills. This could potentially diminish  most of your settlement. Some insurance contracts state they have a right to subrogation by the contractual agreement. This allows the insurer to to "stand in the shoes" of the insured and pursue claims against the wrongdoer. In many cases, the insurance company simply sends a you a lien letter then sits back and waits for you to get recovery. Do not be fooled. In many instances, the insurance company claim is barred or the lien can be negotiated. An injured victim should always consult a qualified personal injury lawyer if confronted with an alleged subrogation lien. The Law Offices of Gerald R Stahl represents clients on personal injury cases and deals with numerous claims for subrogation.

Finally, the United States has good news.

The news of the finding and killing of Osama bin Laden by US Special Forces brings back memories and emotions to all Americans. The leader of al Quada and the mastermind behind the many terrorist attacks is now dead. Good job President Obama.  Every American should feel better and safer. We all remember where we were when first heard the news about the attacks on the World Trade Center and the Pentagon. The pictures are implanted in our memory. His terrorist acts resulted in war and economic turmoil.  Now it is our turn to celebrate justice. The mood of Americans will improve and  economy will move in a positive direction. Terrorism still exists, but this is a great day for America.