In April, Nye & Associates had charges dismissed or suppressed for cases by the Michigan State Police for their blatant violations of the Fourth Amendment to the U.S. Constitution.

 

Two cases were related to a traffic stop.  As you may have notice, the MSP runs drag nets on our state highways for the sole purpose of making a traffic stop.

 

They are actually trained, to find the tiniest thing wrong with you or your car, for the purpose of pulling you over and doing an alcohol and drug  investigation and search of your car. That is their policy.

 

The following are examples of abusive enforcement: air freshener or anything hanging from rear view mirror; any shade of window tint,  license plate light burned out, touching the fog line, no turn signal changing lanes on highway.

 

Once stopped, the cop acts all friendly, gives a warning so you think he or she is a nice cop, and then, you thinking  you are all okay, immediately begins to ask you about drugs, consent to search, and may demand that you get out of the car to “talk to you” or “give you a warning.”  That is their trained procedure.

 

Off guard, scared, and not willing to go against the command of a State Trooper,  you will be asked for consent to search your car,  without any basis, and you (like most people) will consent.  Advice: NEVER consent.

 

If your cousin Vinny had dropped a marijuana seed or your Grandpa dropped 1/2 Vicodin, or your spouse left a Xanax in the glove box of your car, and the  cop finds it, then you are going to jail. The MSP particularly targets young people.

 

So the MSP pulled over 2 of Nye’s clients for junk on the mirror.   After 8 minutes on the side of the frozen highway, the cop decided to give them a warning.  So he  made them get out of the car onto the highway.  He shook their hand and as they left said “hey, you mind if I ask you some questions?”  Of course the clients agreed.  The cop began asking about pot, immediately asked for consent to search, and found trace amounts.

 

After refusing to dismiss the case, Nye filed motions to suppress in 2 cases, and the prosecutor’s review of the cop’s video tape and Nye’s brief convinced him that he could not defend the constitutional violations by the Trooper and dismissed the cases.

 

First, a cop has no right to ask someone to get out of a car unless there is a safety risk or it is standard procedure in every case.  The client  here were normal people. Constitutional violation number one.

 

Second, the cops cannot ask someone to get out of the car unless further investigation is needed.  Here, the cop had already decided to give a them warning — he had no further reason to waste their time and their rights so he could drag them onto the highway and  conduct a drug investigation.  The cop unconstitutionally extended the traffic stop without probable cause.  Constitutional violation number two.

 

In a different case, the MSP and the local cops went raiding people’s homes with a tactical team and a helicopter.  Basically, if the helicopter saw one marijuana plant, a tactical team would sweep in, without a warrant, seize the plant, and charge the homeowner.

 

After hearing, the judge threw out illegal evidence and the prosecutor dismissed.  The government, even the MSP, cannot invade your home and yard without a warrant or emergency.

 

As one judge said as he was suppressing illegally obtained evidence, the Michigan State Police apparently  believe that  they “don’t have to bothered by the constitution.”

 

 

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