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The court held that that probable cause existed to search the defendant's home.

She was convicted of possession with intent to deliver less than 50 grams of cocaine, possession of morphine, and two counts of felony-firearm. The trial court denied her motion to quash the search warrant, suppress the evidence seized, and dismiss the case. On appeal, the court rejected her argument that the recovery of several plastic corner-tie baggies and the fact that one field tested positive for cocaine did not support a finding of probable cause, noting that in Hardiman, "our Supreme Court held that corner-tie baggies . . . may be considered as evidence of intent to distribute." Also, in Keller, it "held that the recovery in a single trash pull of a 'suspected marijuana roach, and a green leafy substance' which field tested positive for marijuana was direct evidence of illegal activity and, alone, constituted probable cause justifying the search." Thus, "the magistrate had a substantial basis for concluding that probable cause existed," and the trial court properly denied her motion to quash the search warrant. It also rejected her argument that the law should be changed to provide constitutional privacy protections to a person's trash, finding she did "not provide any compelling reasons for variance that were not considered . . . in Greenwood, nor" did she argue any of the "'compelling reason'" factors. "Defendant has not advanced a compelling reason to increase Michigan's constitutional protections beyond the federal standard, considering that the United States Supreme Court has already evaluated and rejected the argument that a person has an expectation of privacy in the contents of his or her trash." Affirmed. 

PROBATE 51: Trust filed a petition to determine title to credit union account.

The probate court explained that the owners of the account are S and J. When S passes, J becomes the owner of the account. J is the one who had the authority to make the designation. Nowhere in any documents is there a designation by J that SJ be the owner -- or the beneficiary of the account. The designation made by his father was no longer binding because he was no longer the owner at the time J passed away.

Invoking Your Right to Remain Silent

Originally posted on 07/19/2017 While the “right to remain silent” represents one of your most inalienable rights, many people have a few misconceptions about how it works. Many people receive their understanding of this...

Arrests made by tracking cell phones may be illegal

Originally posted on 02/10/2017 Law enforcement agencies are always looking for an edge in fighting crime. As cell phones have become an indispensable part of life for many people, authorities have taken to using these devices to track...

Could I lose my job over a drunk driving arrest?

Originally posted on 01/20/2017 When potential clients ask us questions about criminal defense representation (particularly for drunk driving offenses) one of the most common is whether they will lose their job.  Naturally, this...

FAMILY LAW 77: Court awarded plaintiff sole legal custody; defendant was unwilling to work with plaintiff.

For joint custody to work, parents must be able to agree with each other on basic issues in child rearing including health care, religion, education, day to day decision making and discipline and they must be willing to cooperate with each other in joint decision making. If two equally capable parents are unable to cooperate and to agree generally concerning important decisions affecting the welfare of their children, the court has no alternative but to determine which parent shall have sole custody of the children.

CRIMINAL 19: Sentencing guidelines are advisory.

The sentencing guidelines are advisory, and although a trial court must determine the applicable guidelines range and take it into account when imposing a sentence, the court is not required to sentence a defendant within that range.

Basic responsibilities of an executor

Originally posted on 01/11/2017 The emotional toils of dealing with the death of a loved one can be considerably difficult. Nevertheless, perseverance is paramount; especially if you are appointed to be an executor to one’s...

What you need to compliment your will

Originally posted on 02/08/2017 Making end-of-life plans usually end with a will, but they shouldn't. Some believe that simply having a will is enough. However, this post will briefly explain how having other estate planning...

The benefits of home health care providers

Originally posted on 03/22/2017 As we get older or suffer an injury, we need a little extra help. Home health care providers or caregivers can provide the assistance needed to handle your or your loved one's health and safety...

What to know about bail conditions

Originally posted on 03/06/2017 If you have been arrested and are being held on the suspicion that you have committed a particular crime, chances are that the only thing you are thinking about is getting out of jail as soon as possible and...

College students and estate planning

Originally posted on 12/16/2016 With college semesters starting up in Michigan, it may not be so easy to get college students to think responsibly. This time can be especially tough with the need of moving back to school and getting...

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