Legal Question in Criminal Law in Michigan

17 yr. old driver w/ 2 minor under influence passengers. Traffic stop of the car by 1 officer's car, then another officer's car came to the stop. Traffic stop was made - (officer did not give reason for stop or ask do you know why I stopped you). Asked occupants to step out from car. Small talked the 3 individuals, ran plates/license. No breathalyzers given. Asked 17 old if search of car was ok (17 yr. old not know he could decline, allowed search). In addition to looking thru car, Officer went thru purses/bags in car and trunk of car. Officer found small amount of MJ in a backback. Not read MR, questioned 17 yr. as to who backpack and MJ belong to and why using it. 17 yr. acknowledged it belonged to the 17 yr. old and was cooperative. No tickets issued for anything and 3 individuals allowed to leave. Officer said he was sending in MJ for analysis and to expect phone call regarding possession charge. Do you see any issues with this set of circumstances, stop, search, consent, age, etc? I know a 7411 is an option. I know a body/dash cam and PR would be very helpful to review. No criminal records on 3 individuals. 17 yr. old is the one facing crim. charge. Thoughts?


Asked on 8/14/15, 7:45 am

1 Answer from Attorneys
Timothy Klisz Klisz Law Office, PLLC

The law is fairly clear on these kinds of cases. The search of the backpack is right on point to a case in michigan. Google that or talk to an attorney who regularly does these in that court.

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Answered on 8/14/15, 7:51 am


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