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  1. #1
    Join Date
    Jul 2010
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    1

    Default Possession of Marijuana in Michigan

    My question involves criminal law for the state of: Michigan

    I was recently raided by the MI state police because of what they said was an "anonymous tip" that lead them to observe my residence. They found 4 separate bags of marijuana in my apartment, 3 of them small (Under 1/8 of an ounce) and one large bag (about 1/4 lb) and my digital scale. They did not arrest me, but they did talk to me about working with them, which I have been attempting, but haven't really felt comfortable with and feel that after investigating the 7411 law I might just try court. I was wondering if I stand a chance to be offered the probation or if because of the nature of how everything happened if I would end up facing some serious charges. I have no prior offenses for anything beyond a speeding ticket.

  2. #2
    Join Date
    Mar 2010
    Location
    Florida
    Posts
    66

    Default Re: Possession of Marijuana in Michigan

    An anonymous tip alone is not enough to get a search warrant;although, you didn't mention a search warrant.If they had one-- they needed to prove probable cause to the Judge! The police had to create an affidavit and swear on oath that the info. in it is true to the best of their knowledge. Sometimes the warrant will contain the affidavit, sometimes not.Because it is considered active,it won't be public record.I'm not sure how long they can keep it active in this situation though.

    Since you were not arrested they have several years to prosecute you, and they can still prosecute if they don't like your results as an informant.Once arrested or indicted they have 180 days to prosecute for felony and 90 days for misdemeanor.(Thats Florida)

    If you go to court you can get the discovery and see what kind of probable cause they had.
    (I'm not a lawyer but I suffered a raid a year ago.)

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Possession of Marijuana in Michigan

    Quote Quoting greenmancan
    View Post
    An anonymous tip alone is not enough to get a search warrant;although, you didn't mention a search warrant.If they had one-- they needed to prove probable cause to the Judge! The police had to create an affidavit and swear on oath that the info. in it is true to the best of their knowledge. Sometimes the warrant will contain the affidavit, sometimes not.Because it is considered active,it won't be public record.I'm not sure how long they can keep it active in this situation though.

    Since you were not arrested they have several years to prosecute you, and they can still prosecute if they don't like your results as an informant.Once arrested or indicted they have 180 days to prosecute for felony and 90 days for misdemeanor.(Thats Florida)

    If you go to court you can get the discovery and see what kind of probable cause they had.
    (I'm not a lawyer but I suffered a raid a year ago.)




    ...which is completely irrelevant to Michigan.

    OP - please consult a local attorney.

  4. #4
    Join Date
    Jul 2010
    Posts
    8,006

    Default Re: Possession of Marijuana in Michigan

    Agree with PP, you need a lawyer.
    Having multiple bags with small amounts and a big bag with a larger amount, plus scales, could land you a possession with intent to distribute charge or the Michigan equivalent.
    Based on your description of what they found and said, it sounds like you may have been distributing (for money or not doesn't really matter). If they observed an unusual pattern of traffic into/around your home, and had a tip you were dealing/had drugs, that might have been enough PC to get a warrant.
    It's not uncommon for the police to work with a smaller fish (you) to get a bigger fish (your supplier). Whether you cooperate or not is up to you and how safe you feel with the possibility that your supplier/clients might find out you're an informant.

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