Newburg Law Blog

When is a Weapon Truly Concealed and Can I Carry a Weapon without a CPL?

by: Matt Newburg

April 23, 2016 at 7:39 AM EDT

The crime of carrying a concealed weapon contains two primary elements: first, that the weapon was knowingly carried, and second, that the weapon was concealed. Complete invisibility of the weapon is not required; concealment is found where the weapon cannot be easily seen by those who come into ordinary contact with the defendant. This standard can be tricky because it does not require that an observer actually see the weapon, only that a hypothetical person who came into ordinary contact with the...

Medical Marijuana and Schools: Can I grow medical Marijuana near a school?

by: Matt Newburg

April 20, 2016 at 10:06 AM EDT

We hear the question all the time from clients: I have to grow my marijuana 1000 feet from a school don’t I? Then, we heard it from a prosecutor.  In fact, the prosecutor charged our client with a 7 year felony for growing less plants than permitted under state law and there is no question they were being grown in an “enclosed locked facility”.  When I called to ask the prosecutor why my client was charged his response was astonishing “Matt it states right in the MMA...

Landlords Cannot Institute Blanket Bans on Convicted Criminals, Says HUD.

by: Jason Osbourn

April 5, 2016 at 9:53 AM EDT

The U.S. Department of Housing and Urban Development (HUD) issued a report Monday which concludes that landlords who enact blanket bans on renting to convicted felons would be in violation of the Fair Housing Act (FHA).

HUD’s conclusion draws from last year’s case of Texas Department of Housing and Community Affairs v. Inclusive Communities Project, 576 US ___ (2015) in which the United States Supreme Court ruled that housing policies which are not intentionally discriminatory but which,...

Clear your Plates

by: Matt Newburg

March 31, 2016 at 6:09 PM EDT

The Michigan Supreme Court has decided that your license plates need to be clear and cannot be obstructed by.....even a trailer hitch.  In a state partially bordered by water, the Michigan Supreme Court has officially warned everyone that if you tow a boat, jet skis, or even keep a trailer hitch on your vehicle and those things obstruct the view of your license plate, you can be pulled over by the police.  In People Dunbar, the Michigan Supreme Court overturned the...

New commission would establish THC level for impaired driving

by: Matt Newburg

March 24, 2016 at 5:05 PM EDT

A measure is pending before the Michigan House of Representations that would create a new commission to research and recommend the per se level of THC — the active ingredient in marijuana — that could lead to an impaired driving charge.

Marijuana is currently listed as a Schedule 1 drug. But unlike the components in other Schedule 1 drugs, the THC in marijuana can be detected in saliva, blood, hair and urine, long after the effect on a person’s driving ability has passed. Right now, a...

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...

Senate Bill 783 on Fast Track Through Michigan Senate

by: Matt Newburg

March 4, 2015 at 8:01 PM EST

Senate Bill 783 seems to be on the fast track through the Michigan Senate.  The Bill seeks to amend Section 7 of the Michigan Medical Marihuana Act limiting where individual patients and caregivers can grow and use marijuana to aleviate their debilitating medical conditions.  Specifically the bill would allow landlords of private residental property to prohibit patients and caregivers, through the leasing documents, from growing marijuana and smoking it on the property. 

The Bill is...

WLNS News Turns to Matt Newburg to Discuss Medical Marijuana

by: Matt Newburg

March 4, 2015 at 12:00 PM EST

Matt Newburg on WLNS

(WLNS) – Lawmakers are still considering measures to define the future of medical marijuana in Michigan.

Legislation discussed in the senate Wednesday aims to eliminate some of the legal gray areas, but critics say lawmakers are focusing on the wrong issues.

Medical marijuana in the state of Michigan has a complicated track record. It was approved for medical use by voters in 2008, but dispensaries became illegal under a 2013 Supreme Court case.

Yet we still see them in Michigan cities.

“How...