Newburg Law Blog

East Lansing Voters Permit Possession of Marijuana

by: Matt Newburg

May 6, 2015 at 11:54 AM EDT

65% of East Lansing voters voted to legalizes the possession, use and transfer of up to an ounce of marijuana on private property as long as the individual is 21 years or older.  However, this is not a total "legalization" within the city limits.  It is still illegal to consuming marijuana in public and unless someone is complying with Michigan's Medical Marijuana Act, it is still illegal to deliver or transfer marijuana in East Lansing. 

This will undoubtedly...

Michigan Sex Offender Registry Requirements Significantly Change

by: Matt Newburg

April 29, 2015 at 11:49 AM EDT

Michigan's Sex Offender Registry has been changed in dramatic fashion.  In an approximately 80 pageopinion, Judge Cleland has struck down a number of SORA provisions.  Recently, Newburg Law was hired to represent an individual who pled guilty for failing to comply with the SORA requirements.  Our client was on parole and was potentially facing parole revocation.  That changed when we called the prosecuting attorney and informed them that we would be filing a motion to withdraw our...

Call off the Dogs: US Supreme Court Discusses K9 Use During Traffic Stops

by: Matt Newburg

April 22, 2015 at 11:45 AM EDT

An individual who has been pulled over for a traffic violation may not be detained by police longer than necessary for the officer to issue a ticket or warning for the alleged driving infraction.  That is according to the United States Supreme Court.

Shortly after midnight in March 2012, Officer Morgan Struble saw an SUV veer slowly onto the shoulder of the highway and then jerk back onto the road. The officer pulled the vehicle over and questioned the driver about why he swerved to...

U.S. Supreme Court Discusses GPS Tracking

by: Matt Newburg

April 6, 2015 at 11:41 AM EDT

In a unanimous decision from the United States Supreme Court, the nation's highest court has addressed whether liftime electronic monitoring of an individual convicted of committing crimes of a sexual nature is a violation of the fourth amendment.  In Grady v North Carolina, Mr. Grady was ordered by a North Carolina Court to wear a GPS tether to monitor his locations while on probation for his convictions.  Mr. Grady objected to the condition that he wear the tether citing fourth...

Michigan Drunk Driving Law Changes... In Favor of the Driver?

by: Matt Newburg

March 4, 2015 at 8:09 PM EST

Michigan Public Act 315, of the 2014 Legislative Session, which amends M.C.L.  257.625a, was intended to help officers make more drugged driving arrests.  But the new law, which was effective January 12, 2015 is making things more difficult for prosecutors.

Before the amendment, Michigan law permitted a police officer require a driver submit to a preliminary chemical breath analysis if the officer has reasonable cause to believe that the person was operating a motor vehicle while...