One of the most unpleasant experiences faced by many drivers comes when you see the red and blue flashing lights in our rearview mirror. Many times, you already have an idea about why you are being pulled over; sometimes, you don't. Regardless, how handle that...
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4th Amendment
Michigan Supreme Court Holds Passengers Have Standing To Challenge Searches Of Personal Property In Motor Vehicles
On April 22, 2019, the Michigan Supreme Court released its opinion in People v Mead, ___ Mich ___ (2019) holding that a passenger in a motor vehicle has standing to challenge a police search of his personal property under the Fourth Amendment. This decision overrules...
U.S. Court Of Appeals Holds Middle Finger Gesture Does Not Trigger Probable Cause For Seizure Under Fourth Amendment
The U.S. Sixth Circuit Court of Appeals released their opinion in Cruise-Gulyas v. Minard, No. 18-2196, slip op. (6th Cir. Mar. 13, 2019) and held that an individual flashing the vulgar middle finger gesture at a police officer does not create grounds for a search or...
Case Summary – Police May Approach a Parked Vehicle without Violating the 4th Amendment
People v Anthony Michigan Court of Appeals, Docket No. 337793 For Publication - January 22, 2019 Facts: Police officers approached Mr. Anthony's vehicle, claiming that it was parked in the middle of the street, thus impeding traffic. A police officer claimed to smell...
