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Category Archives: Mariuana Rights

Michigan Goes Total Police State With Roadside Saliva Check Points

Michigan goes total police state.

Regardless of your stance on drugs, I think most would agree that the Michigan State Police has no right to ‘run roadside saliva check points’.

The pilot program will be launching in five Michigan counties this year according to this MLive report:

The Michigan State Police is working on plans to establish a pilot program for roadside drug testing, a spokeswoman said.

A new law instructs the state police to pick five counties where it will run a one-year pilot program for saliva-based testing to check drivers for drugs like marijuana, heroin and cocaine.

“We expect the counties to be finalized this summer with a pilot to begin sometime later in the year,” MSP spokeswoman Shanon Banner said.

The five counties will be determined based on criteria including: the number of impaired driving crashes;the number of impaired drivers arrested; and the number of Drug Recognition Experts (DREs) trained in the county, she said.

Attorney Neil Rockind, founder of Southfield-based criminal defense law firm Rockind Law, opposed the legislation he said would set a “dangerous precedent” for Michigan.

“The criminal justice system wants to take science and turn it into a fast, easy utility,” Rockind said. “Science is neither fast nor easy.”

According to the Office of Highway Safety Planning, as of February, Michigan had 99 Certified Drug Recognition Experts in 37 counties.

DRE officers have received “highly specified training” to allow them to identify drivers with drug impairment, Banner said.

The saliva analysis will only be administered by a DRE, she said, and will be given along with the drug recognition 12-step evaluation currently used. DREs employed by state, county and municipal agencies could also be involved.

The law instructs the MSP to conduct a pilot program meant to establish policies in the area of roadside drug analysis, Banner said, and to make a determination of the accuracy and reliability of the tests.

What if police say they smell marijuana?

If police say they smell marijuana coming from your vehicle, you’re in a tough situation. Courts have ruled that the odor of contraband gives officers probable cause to perform a search. For this reason, police are quick to claim that they smell something and sometimes they might even lie about it.

All you can really do is say, “Officer, I have nothing to hide, but I don’t consent to any searches.” If they search you anyway and something is found, you’ll need an attorney to help you fight the charges. Unfortunately, police sometimes use tricks like this to circumvent your constitutional rights and there’s no perfect way to handle the situation. Of course, they are most likely to do this if they are suspicious of you for some reason, so do your best to stay calm.

Continue reading What if police say they smell marijuana?

What Are My Rights When Marijuana is Legal?

With the passage of the nation’s first marijuana legalization measures in Colorado and Washington, we’re getting a lot of inquiries about how these changes in marijuana policy might impact basic rights during police encounters. Good question…

Anyone who’s been checking out our materials over the years knows how often the subject of marijuana comes up. It’s one of the main reasons people are being stopped and searched by police. A lot of people are going to jail for it and even more are being searched head-to-toe (or worse) by suspicious officers only to be turned loose when nothing is found.

Continue reading What Are My Rights When Marijuana is Legal?