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Coa: People V. Ali Zaid


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When a police officer with previous experience in marijuana

investigations credibly testifies to smelling a strong odor of marijuana emanating from a vehicle,

probable cause to search the vehicle exists. Kazmierczak, 461 Mich at 421-422. Kazmierczak,

however, was decided before the electorate approved the MMMA in 2008 pursuant to a citizen’s

initiative. See People v Kolanek, 491 Mich 382, 393; 817 NW2d 528 (2012). For purposes of

our analysis, we shall assume that the odor of marijuana is not sufficient to support probable

cause to conduct a search if possession of some amount of marijuana is permissible under the

MMMA. To emphasize, we make no ruling on this matter, and this opinion is not to be

construed as holding that the odor of marijuana, in and of itself, cannot serve as probable cause

when a person holds a valid marijuana registration card; we merely find it unnecessary to answer

that question.7

 

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This opinion will use an “h” when spelling marihuana only whendirectly quoting from the

MMMA; otherwise, we will employ its more common spelling using a “j.”

 

someone should ask the supreme court to slap the COA into changing the spellcheck and make them use marihuana permanently. this is just stupid now.

 

 

Rather, we conclude that defendant’s statement that he had moremarijuana than legally allowed

provided probable cause to searchdefendant’s vehicle regardless of any Miranda violation. We

note that this opinion does not examine the correctness of the district court’s Miranda ruling,

only the implications flowing from that ruling.

 

what? the district , circuit, defendant and prosecutor all agree that miranda was violated and thus the statement is gone. whuhhhhhhh

 

i am betting that the transcript, if available will show that this statement of having more marijuana than allowed, came well after the cop searched the car, thus making this entire opinion stupified.

 

unpublished, because of its terribleness.

 

i mean, whats going to happen here? coa remands and orders the bind over to circuit court, circuit court already having ruled on miranda, rules the same way on miranda and dismisses the charges? why bother?

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Well I'm surprised. Miranda has been neglected and denied for years, and even to the point that the US Supreme Court has ruled that it does not have to be recited to arrestees, that the right to remain silent be required to be stated by a defendant, and that the right, once declared, can be used as a prosecutorial tool. I like to think that the bright light being shined on policing might play into this, and the government is responding to that. 

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