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Monday, February 11, 2013
By Michael Nichols
Categories: Medical Marijuana
In People v Hill the Michigan Court of Appeals was asked to interpret the community caretaker exception to the search warrant requirement. The Defendant, Mr. Hill, was charged with manufacturing Marijuana (MCL 333.7401(2)(d)(iii)) after police officers entered his home without a search warrant. The officers entered Mr. Hill’s home after one of his neighbors anonymously called the police department to inform the police that she was concerned for her neighbor’s well-being. The neighbor told the police that she had not seen or heard from Mr. Hill in a few days. The neighbor also told police that Mr. Hill’s car had not been moved in the last few days and that his lights have remained on and that his cats had been looking out the windows.
The officers then decided to conduct a “welfare check” at Mr. Hill’s residence. The officers noted that Mr. Hill’s car had leaves on it and that he had a few days’ worth of mail in his mailbox. Mr. Hill also apparently had a phonebook on his porch that had been dropped of a few days earlier. Based upon the officer’s observations the officers decided to try and make contact with Mr. Hill.
The officers first tried calling Mr. Hill’s phone number but there was no answer. They then found an unlocked window and opened it up so that they could call out Mr. Hill’s name. After there was no response, the officer’s decided to enter Mr. Hill’s home to make sure he was not in distress. Once inside the officer found marijuana growing in a bedroom closet.
Mr. Hill filed a motion to suppress with the trial court and the court held that the officers’ actions were not a valid use of the community caretaking exception to the search warrant requirement. The prosecutor then appealed to the circuit court and the trial court’s holding was upheld.
If you believe you were searched without warrant, contact one of the attorneys at the Nichols Law Firm at (517) 432-9000 or email Attorney Josh Covert at jcovert@nicholslaw.net.