State's Top Court To Settle Dispute Over Pot Bust

[+EdwardGlen]

http://www.freep.com/article/20110120/NEWS06/110120016/1001/rss01

 

The Michigan Supreme Court is considering whether marijuana found by a firefighter during an emergency call can be used to prosecute a man in Oakland County.

 

A judge and the state appeals court so far have thrown out evidence against Mark Slaughter, who was living in a Royal Oak town house in 2007.

 

Slaughter's neighbor called the fire department about a water leak. A firefighter entered his apartment, turned off water in the basement and discovered 20 marijuana plants.

 

Slaughter's defense lawyer successfully argued that it was an illegal search. Prosecutors say there's an exception when authorities find evidence of a crime during an emergency.

 

The state Supreme Court planned to hear arguments today.