Newburg Law Blog

Are “Implied Consent” DUI Laws Unconstitutional?

by: Matt Newburg

January 9, 2016 at 4:26 PM EST

All 50 states currently have “implied consent” laws for drivers who are arrested on suspicion of drunken-driving and who are asked to submit to blood-alcohol testing. However, these implied consent laws are currently facing a constitutional challenge in the nation’s highest court.  Under state implied consent laws, when you get your driver’s license, it means you have also automatically given consent to blood-alcohol testing if you are ever suspected of DUI....

Michigan Court of Appeals Decides "Drying" marijuana Issue

by: Matt Newburg

January 9, 2016 at 1:00 PM EST

The Michigan Court of Appeals has, yet again, upheld a conviction of a Michigan Medical Marijuana Patient and Caregiver. In a 2-1 opinion, the Court addressed the meaning and consequences of marijuana that is found to be in the curing stages.  In People Rocafort, an unpublished opinion, the Court held the marijuana seized by law enforcement was dried marijuana--despite having moisture--and exceeded the amount of marijuana Ms. Rocafort could possess under the Michigan Medical...

Legislation would make police body camera footage unavailable to the public

by: Matt Newburg

December 16, 2015 at 8:54 PM EST

A bill has been introduced in the Michigan Legislature that would exempt from public disclosure video and audio footage recorded by police body cameras.

Senate Bill 634, sponsored by Sen. Rick Jones (R-Grand Ledge), would amend the state’s Freedom of Information Act to exempt certain audio and video footage from being made public. 

Jones has said he introduced SB 634 on Dec. 3 because a policy needs to be in place to protect the privacy of individuals. According to the senator, not all...

Marijuana decriminalization in Grand Rapids withstands legal challenge

by: Matt Newburg

December 13, 2015 at 8:51 PM EST

The decision of Grand Rapids voters to decriminalize marijuana possession by amending the city charter will remain undisturbed, now that the Michigan Supreme Court has declined to hear a challenge to the law’s constitutionality. 

In 2012, more than half of Grand Rapids voters amended the city charter and made marijuana possession a civil infraction, with fines ranging from $25 to $100. But Kent County Prosecutor Bill Forsyth challenged the amendment, claiming that voters could not trump state...

Police ‘Knock-and-Talk’ Procedure Upheld by Michigan Appeals Court

by: Matt Newburg

December 8, 2015 at 8:50 PM EST

A “knock-and-talk” procedure used by law enforcement, which led to a search of the defendants’ homes and the seizure of marijuana butter, did not violate the defendants’ constitutional rights, the Michigan Court of Appeals has ruled in a 2-1 decision.

In People v. Frederick and People v. Van Doorne, the defendants had medical marijuana cards and had obtained marijuana butter. When executing a search warrant at the defendants’ homes, narcotics officers knocked, waited a few...