Medical Marijuana

In The News

Monday, February 11, 2013

Michigan Court Of Appeals Ruling Suggests That If You Go On Vacation Your Home May Be Searched Without A Warrant

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.

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Mike Nichols is a national leader in drunk driving defense. He is a member of the Forensic Committee and Michigan delegate to the National College for DUI Defense. He is also a Sustaining Member of the College. Nichols is also a founding member of the Michigan Association of OWI Attorneys; a member of the American Chemical Society; an associate member of he American Academy of Forensic Science, Adjunct Professor of Forensic Evidence in Criminal Law and OWI Law and Practice at Cooley Law School. He is also author of the West OWI Practice book and several chapters in other books on science and the law.

Mike Nichols is recognized by his peers in Michigan as a “SuperLawyer” in DUI/Criminal Defense. Nichols has also been asked to speak at conferences by groups such as the NCDD; Various Bar Associations in other states.