Gerald R Stahl is Grand Rapids Michigan lawyer representing people seriously injured in auto and truck accidents for over 30 years. He also defends people charged with crimes,including drunk driving, drug crimes, and homicide. He is a member of The American Association for Justice and a Fellow in The National College of Advocacy. This Blog does not constitute legal advice. In no way does it create or imply an attorney client relationship. If you have a legal problem you should consult a lawyer.
Tuesday, May 31, 2011
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.